CW 7121/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.7121/2006 Balwan Singh Versus State & Anr. Date of Order ::: 19/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Hawa Singh & Mr. Vijay Punia, for petitioner Mr. JK Agrawal, Govt. Counsel, for respondent-State Instant petition has been filed with the grievance that after the petitioner has been punished with stoppage of one annual grade increment vide order dt.24/02/06 (Ann.3), departmental appeal (Ann.4) U/r 23 of Rajasthan Civil Services (Classification Control & Appeal) Rules, 1958 (“CCA Rules”) was preferred on 04/04/06 and despite his efforts, the same has not been decided by appellate authority causing prejudice to him. Fact of filing of departmental appeal dt.04/04/06 (copy whereof has been filed as Ann.4) against order of penalty (Ann.3) has been specifically averred in para 6 of the petition, to which the reply has not been filed by respondents to show as to what was the fate of his appeal; and according to petitioner, no communication has been made pendente present petition. Counsel for petitioner however urged about merits of the case, as well assailing the CW 7121/06 //2// order of penalty. Since the appeal appears to have been pending, observation, if made at this stage about sustainability of order of penalty on merits, it may cause prejudice to either of parties pendente appeal; but at the same time, this Court considers it proper to direct the respondents to decide his departmental appeal dt.04/04/06 (Ann.4) in accordance with law. Consequently, writ petition succeeds and is hereby partly allowed. Respondents are directed to consider departmental appeal dt. 04/04/06 (Ann.4) in accordance with law after due opportunity of hearing to the petitioner – during which, he will be free to file additional pleas in support of his appeal if so advised; and communicate its decision expeditiously but not later than four months from the submission of certified copy of this order. No costs. (Ajay Rastogi), J. K.Khatri/p.2/7121CW06-19Jn-DsInq.doc