C.W.P. No.3868 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.3868 of 2008 Decided on : 15-05-2009 Mohinder Kumar .... Petitioner VERSUS Food Corporation of India, New Delhil & others. ....Respondents CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Mr. J.S. Wasu, Advocate for the petitioner. Mr. A.R. Takkar, Advocate, for the respondents. SATISH KUMAR MITTAL, J (Oral). The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India, challenging the order dated 28.9.2007 (Anenxure P-6) passed by the Executive Director (North), Food Corporation of India. Concededly against the said order, remedy of appeal is available under the Regulation 174 of FCI (Staff) Regulation 1971. Learned counsel for the respondents states that in case the petitioner files an appeal against the impugned order within 30 days from today, the same will be entertained by the appellate authority/competent authority and decided on merits after providing opportunity of hearing to the petitioner. C.W.P. No.3868 of 2008 -2- The counsel for the petitioner has agreed to avail the alternate remedy. In view of above, this petition is disposed of with liberty to the petitioner to file an appeal under the Regulation 174 of FCI (Staff) Regulation 1971, against the impugned order before the appellate authority/competent authority within a period of 30 days from today. In case, the petitioner files an appeal within said period, the same shall be considered and decided by the appellate authority/Chairman- cum-Managing Director, after hearing the petitioner and by passing a speaking order. It will be open for the petitioner to raise all the points in the appeal, which have been raised here in the present petition. The recovery of the amount in dispute will remain stayed till the decision of the said appeal. Disposed of in the aforesaid terms. 15th May, 2009. (SATISH KUMAR MITTAL) Monika JUDGE