- (1.) Heard Sri A.R. Khan, learned counsel for petitioner, Sri Nirlay Gupta, learned State Counsel and perused the record. Facts of the present case are that the petitioner who was working on the post of Collection Amin in the Revenue Department, State of U.P. on 10.11.1994 fallen ill, so not able to attend his duties. Accordingly, placed under suspension on 16.6.1994 on the ground of unauthorized absent from duty. Subsequently, the said order was revoked by order dated 28.6.1994, he was reinstated in service. Thereafter again placed under suspension on 27.10.1994 and a charge-sheet has been issued to the petitioner but he refused to accept the same, so served on the wife/son of the petitioner and also published in a Newspaper. As the petitioner has not submitted any reply to the charge-sheet, so the Inquiry Officer on the basis of material on record concluded inquiry and submitted the inquiry report to the punishing authority, who the impugned order of removal from service has passed.
(2.) Aggrieved by the said fact, the petitioner filed an appeal before the appellate authority, as the same was not adjudicated and decided, so approached this Court by filing Writ Petition No. 3053 (SS) of 2005 (Baij Nath Saroj v. State of U.P. and others), disposed of by order dated 7.12.2010, on reproduction reads as under: "Heard Sri S.S.L. Srivastava, learned counsel for the petitioner and the learned standing counsel. Learned counsel for the petitioner has informed that against the dismissal order, appeal has been preferred by him, which is pending before the Commissioner-appellate authority, which has not been decided."
(3.) Accordingly, this Court feels that in the interest of justice, Commissioner, Allahabad Division, Allahabad may be directed to dispose of the appeal, on the basis of the reports submitted by the subordinate Officers, say within a period of two months from the date a certified copy of this order is placed before him. The writ petition is, thus, finally disposed of.;