The High Court disposed of a writ petition challenging punishment imposed on a petitioner who was an Assistant Engineer. The court granted liberty to file an appeal and directed the appellate authority to dispose of it on merits after hearing.
Liberty granted to file an appeal; direction to appellate authority to dispose of the appeal on merit after hearing.
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W.P.(C) No.7813 of 2018
05. 16.08.2018
The petitioner is functioning as Asst. Engineer in SOUTHCO. Pursuant to the disciplinary proceeding, punishment was imposed on him. The same has been assailed in this writ petition.
Heard Mr. Mohanty, learned counsel for the
petitioner.
Regulation 49(1) of the Southco Officers Service Regulation provides that any officer may appeal to the appellate authority against an order imposing upon him any of the penalties. Regulation 49(2) of the said Regulation provides that an appeal shall be preferred within 45 days from the date of receipt of the order appealed against.
At this juncture, learned counsel for the petitioner submits that liberty may be granted to the petitioner to file appeal. He further submits that a direction may be issued to the appellate authority to dispose of the appeal at an early date.
Considering the submission of learned counsel for the petitioner, the writ petition is disposed of with an observation that if the petitioner files an appeal within a period of four weeks from today before the appellate authority, the later shall do well to dispose of the same on merit after affording opportunity of hearing to the petitioner. The petitioner may move an application before the appellate authority for stay the order of punishment passed by the authority.
Dr.A.K.Rath,J.
2
BKB
Petitioner
Dr.A.K.Rath
As recorded by the court registry
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