a C%(% @ Singia Eench IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (S) No. 9&9“ /2o11 PETITIONER /Smt. Anima Minz W/o Julius Minz, aged about 50 years, R/ o Superintendent'Girls Post Metric Hostel Kunkuri, District Jashpur ,C.G. / VERSUS RESPONDENTS 1. State of C.G. through the Secretary Tribal Welfare Department, DKS Bhawan Raipur, C; G. 2. The Commissoner, Surguja Division, i Ambiapur, C. G. k 3. The Collector, Jashpur, District Jashpur, C.G. / 4. Assistant Commissioner, Tribal Welfare Department, ashpur, District J Jashpur, C.G. g Tahsil Kunkuri, District Jashpur, C.G. 6 Sa . Smt. rita Bhagat, Shiksha Karmi Grade II, Middle School Khalijhariya, at present attached in the office of Block Education Officer Kunkuri, Block Education Officer, kunkuri, Distric Jashpur C.G. t .WRIT PETITON UNDER ARTICLE 226 F CONSTITUTION OF INDIA FOR ISSUE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER IN THE LIKE NATURE ETC. / / / I O THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 2194 of2011 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shrl Satlsh K. AgmhotrlLJ. Present: Dr. Rajesh Pandey, Advocate for the petitiOner. Shri Y.S.Thakur, Deputy Advocate General for the State/ respondent No. 1 to 5. ORDER ORAL (Passed on 27 day ofApril,‘ 201 I) 1. The petitioner seeks quashing of the order dated 16.05.2011 (Annexure P/l), passed by the CommissiOner, Surguja Division, Ambikapur, Chhattisgarh whereby the Commissioner has rejected the application filed by the petitioner for grant of stay of the order dated 28.03.2011 (Annexure P/13) passed by the Collector, whereunder, the petitioner, working Vas Superintendent, Governmetn Post Matric Scheduled Caste Hostel, Kunkuri, was placed under suspension on'the ground of irregularities in running of the hostel and negligence towards her duties. 2. Leamed counsel appearing for the petitioner submits that the impugned order has been passed on the ground that there is no provision to stay the proceedings, except to pass the final order aRer consideration of the case. Shri Pandey further submits that if the authority has competence to pass the final order setting aside the original order, he can also exercise the power to grant interim relief under the provisions of the General Clauses Act. 3. On query, asto whether or not, there is any provision under law wherein it is provided that the Commissioner‘is competent to pass an interim order of such nature, as in several statues, an’authority may PETITIONER : Smt. Anima Minz. VERSUS RESPONDENTS 4f} have power to pass .final order but not to pass any interim order or 2 O grant stay. In some of the cases, though there is power to consider the case finally, but there is no provision or prescription for the authority to condone the delay beyond the limitation period. ‘ . Shri Pandey submits that on search, he has not found any judicial pronouncement or other provision conferring power to the Commissioner to pass interim order. Thus, aforesaid contention of learned counsel for the petitioner is rejected. . Be that as it may, without going into the merits of the case and on the power ‘bf the Commissioner to grant interim relief, the fact remains that an appeal has been filed by the petitioner against the order of suspension, passed by the Disciplinary Authority, wherein if the order of suspension is stayed, that may amount to grant of final relief. Thus, in this petition, no relief can be granted at this stage. The order passed by the Commissioner appears to be proper and no interference is warranted at this stage. . However, having regard to the facts situation “of the case, wherein suspension is for a limited period, if any step.has not been taken, thereaher, the revocation of the suspension order may be considered. The authority concemed is directed to consider and decide the pending appeal as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy ofthis order. . It is made clear'that the observations made, if any, shall not come in the way of adjudication of the dispute pending before the appellate authority. . With the aforesaid observation, the writ petition is disposed of. Sd/- SATISH K. ANGNIHORI . Judge