IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 14462 of 2009 Date of Decision: 16.9.2009. Balwant Kaur --Petitioner Versus Financial Commissioner and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. H.P.S. Ghuman, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept notice on behalf of the respondent-State. Copies of the petition furnished. Keeping in view the controversy involved, this petition is being disposed of at the motion stage itself, with the consent of learned counsel for the parties. The petitioner is an elected Sarpanch. On the basis of certain allegations the petitioner was placed under suspension vide order dated 13.8.2009 (Annexure P-3), passed by the Director, Rural Development & Panchayat, Punjab. The petitioner preferred an appeal before the Financial Commissioner-cum-Secretary, Rural Development & Panchayat, Punjab. The Appellate Authority vide its impugned order dated 31.8.2009 has issued notice to the other side and case has been adjourned to 26.10.2009. The grievance of the petitioner is that the Appellate Authority has failed to consider the application of the petitioner for grant of interim stay. In para 11 of the writ petition, it is stated that the petitioner filed an application for stay along with the appeal for staying the operation of the impugned order. CWP. No. 14462 of 2009 -2- However, the Appellate Authority has not even considered that application. From the impugned order it appears that the Appellate Authority has only issued notice in the appeal. Since the appeal is pending before the competent Appellate Authority, it is not deemed appropriate to interfere in the writ jurisdiction. However, it is observed that the Appellate Authority is under an obligation to consider the application for interim stay, if any, filed along with the appeal. That consideration does not seem to have been accorded. In this view of the matter, this petition is disposed of with a direction to the Appellate Authority to consider the application for grant of interim stay and pass order thereon in accordance with law before 31.10.2009. (PERMOD KOHLI) JUDGE 16.9.2009 lucky