CWP No.4306 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4306 of 2010 (O&M) Decided on : 02-05-2011 Birender Singh ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.S.R.Hooda, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana MAHESH GROVER, J Concededly, against the order dated 29.5.2009 the petitioner has filed a statutory appeal before the Financial Commissioner, Rohtak. He has been proceeded against by virtue of the impugned order without awaiting the outcome of the appeal of the petitioner against the order holding him liable for the acts of omission and commission regarding which the recovery has also been ordered to be effected. The facts have not been disputed by the learned counsel for the respondents. On due consideration of the matter, it would be just and fair if the Financial Commissioner disposes of the statutory appeal of the petitioner before any recovery is effected from the petitioner since the allegations against him for which he stands punished by an order passed by the Commissioner is being tested before him. Accordingly, the writ petition CWP No.4306 of 2010 (O&M) 2 is accepted to the limited extent that recovery by virtue of the impugned order be not given effect to till the time the statutory appeal of the petitioner is pending before the Financial Commissioner who may decide the appeal of the petitioner expeditiously preferably within six weeks from the date of the receipt of the copy of the order. In case the order of the Financial Commissioner goes adverse to the petitioner, then the matter regarding recovery from the petitioner may be examined within a period of four weeks thereafter by passing the order afresh. Let a copy of this order be sent to the concerned Financial Commissioner for decision of the appeal. May 2, 2011 (Mahesh Grover) rekha Judge