1 S.B.Civil Writ Petition No.1723/2007 Natwar Lal Kaushik vs. F.C.I & Anr. 20.2.2008 HON'BLE MR.JUSTICE P.B.MAJMUDAR Mr. Ashok Gaur for the petitioner. Mr. N.S.Yadav for respondents. The petitioner is challenging the decision taken by the Disciplinary Authority by which he has been removed from service. Mr. Ashok Gaur, learned counsel for the petitioner submitted that there is no legal evidence for coming to the conclusion that the petitioner has committed misconduct in connection with the charges levelled against him. Mr. NS Yadav, learned counsel for the respondent Corporation submitted that the Disciplinary Authority was justified in passing the order as per the evidence available on record. He submitted that in any case, the petitioner has already filed a Departmental Appeal and that even the appeal memo has also been submitted in this writ petition. It is submitted that the petitioner has already availed of the alternative remedy of appeal and therefore, this writ petition is not maintainable. 2 I have heard both the advocates appearing in the matter. In my view, when the departmental appeal filed by the petitioner is pending this Court would not like to entertain this writ petition especially when the alternative remedy has already been availed of. Mr. Gaur, learned counsel for the petitioner however, submitted that the appellate authority has not decided the appeal since about 4 years as the appeal was filed in the month of August, 2004. I find some substance in the grievance of the petitioner. The grievance of the petitioner is that his appeal has not been decided. Though learned counsel for the respondents submitted that the appellate authority has given a liberty to the petitioner to argue his appeal but he not appearing before the appellate authority and, therefore, there is justification in not deciding the appeal expeditiously. In the facts and circumstances of the case, in my view, now the appeal be decided without delay. If the petitioner is not cooperating with the hearing of the appeal, the appellate authority is free to decide the appeal as per the evidence available on record. The appeal be now decided latest by 31st July, 2008. Whatever may be decision in the appeal may be communicated to the petitioner immediately. Learned counsel for the petitioner submitted that at least lessor penalty could have been imposed upon the 3 petitioner in case if at all it is find that the petitioner has committed misconduct. However, it is expected of the appellate authority to consider the question about appropriate punishment as this Court has not expressed any opinion on this aspect of the matter. It is expected of the petitioner also to co-operate the appellate authority in deciding the appeal. Advocates of both the parties may communicate this order to the appellate authority, so that the appeal may be decided at an early date. The writ petition stands disposed of as indicated herein above. (P.B.MAJMUDAR),J. bairwa