PRADEEP KUMAR SINGH BAGHEL, J. - (1.) The petitioner in this petition is praying for issuance of a direction upon the District Magistrate/ Collector to decide his appeal which is pending for the last seventeen years.
(2.) The petitioner was a Collection Peon in Tehsil Sadar, District Deoria. He was subjected to disciplinary proceedings. A chargesheet was served upon him on 16.11.1999. He submitted his reply. The Sub-Divisional Magistrate imposed major penalty against him and reverted the petitioner to his basic pay scale. He further directed that the petitioner would not be paid the salary during suspension period except subsistence allowance. He was censured also.
(3.) Being aggrieved with the said order, the petitioner preferred an appeal on 14.8.2000 to the District Magistrate. The petitioner is governed under the provisions of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 hence he preferred an appeal under Rule-11 of the Rules, 1999 to the next higher officer i.e. District Magistrate. When his appeal was not decided by the authority concerned, he has preferred this writ petition for the following relief: "(i) To issue a writ, order or direction in the nature of Mandamus commanding/ directing the respondent No. 2 to decide the appeal of the petitioner against the punishment order dated 15.7.2000 within stipulated period as fixed by this Hon'ble Court." ;