1 SB Civil Writ Petition No.2640/2009 Ranchhod Garg. vs. State of Raj. & Ors. S.B. Civil Writ Petition No.2640/2009 Ranchhod Garg. vs. State of Rajasthan and others. Date : 1.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.PS Bhati, for the petitioner. Mr.H Choudhary, for the respondents. - - - - - Heard learned counsel for the parties. The petitioner's grievance is that he has not been given fair treatment and, therefore, he has to approach this Court again by filing the present writ petition. The petitioner earlier approached this Court by filing writ petition no.9254/2008 wherein the petitioner was permitted to approach the appellate authority by preferring appeal. The appellate authority was directed to decide the petitioner's appeal by the order of this Court dated 19.11.2008 passed in writ petition no.9254/2008. The petitioner thereafter was 2 SB Civil Writ Petition No.2640/2009 Ranchhod Garg. vs. State of Raj. & Ors. suspended by the respondents and that clearly shows the malafides of the respondents. This Court by detailed order dated 1.4.2009 stayed the suspension order dated 15.5.2008 and also stayed consequential relieving order dated 16.5.2008. Learned counsel for the respondents submits that the appeal yet has not been decided and that may be decided in reasonable time. Learned counsel for the petitioner has serious objection which the petitioner has raised in the writ petition in detail and the petitioner has even sought cost/compensation of Rs.5 lakhs against the respondents for their failure to decide the appeal in compliance of the order passed by this Hon'ble Court. Since the appeal of the petitioner is pending before the appellate authority which has been preferred pursuant to the directions issued by this Court dated 19.11.2008, therefore, this Court is not inclined to usurp the powers of the appellate authority and will not make the appeal of the appellant useless inspite of the fact that 3 SB Civil Writ Petition No.2640/2009 Ranchhod Garg. vs. State of Raj. & Ors. the appeal was preferred pursuant to the order of this Court dated 19.11.2008. Otherwise also, there is no justification for hearing the petitioner on merits, when the appeal is pending. However, his suspension order cannot be allowed to stand in the facts and circumstances of the case, till the appeal is decided. In view of the above, the present writ petition is disposed of with a direction to the appellate authority to decide the appeal within a period of three months from today. Till then, the petitioner's suspension order shall remain stayed. Further, the order of the appellate authority will be given effect only after fifteen days from the date of pronouncement of the order by the appellate authority in the knowledge of the petitioner and if the petitioner still remains aggrieved or may have grievance against the appellate order, he may approach the Court in accordance with law. (PRAKASH TATIA), J. S.Phophaliya