1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6399/02 Umrao Ali vs. RSRTC & Ors. Date of order : 2/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashok Gaur for the petitioner. Shri Mukesh Verma for the respondent. ****** This writ petition has been filed challenging the order dated 16.8.2002 by which the petitioner was awarded penalty of removal from service. Shri Ashok Gaur, learned counsel for the petitioner has argued that apart from the merit of the case, the penalty of removal that was awarded to the petitioner was wholly disproportionate to the gravity of the charges proved. The impugned order in the concluding part contains a reference to the application moved before the Industrial Tribunal Jaipur under Section 33 (2)(b). This Court on the last date of hearing required the parties to inform about the status of such proceedings. Lenard counsel for the parties informed this Court that the said application was registered as 192/02 with the Industrial 2 Tribunal as long as on 6.8.2002 and its progress is at a very slow pace. Learned counsel for the petitioner submits that service of notice in the aforesaid proceeding was effected on the petitioner and petitioner is yet to file reply. Learned counsel for the petitioner insisted that even this Court can give direction even in the case of pending proceedings before the Industrial Tribunal under Section 33(2)(b). In the facts of the case, it is not considered appropriate to proceed to hear and decide this writ petition on merits when the consequence of any order that may be passed even by the Industrial Tribunal is going to be just the same and the Tribunal in doing so can consider all such arguments that are being raised herein. It would be open to the petitioner to raise all these arguments before the Tribunal. Having regard to the facts of the case and keeping in view of the fact that the order of removal was passed six years ago, the Industrial Tribunal is directed to 3 expedite the matter so as to decide the same within a period of one year from the date of filing of reply by the petitioner. The writ petition is disposed of accordingly. (MOHAMMAD RAFIQ), J. RS/