By Justice Akhil Kumar Srivastava, JM;

By way of this Original Application applicant is calling in

question the legality, validity and propriety of the charge sheet

dated 20.04.2023 (annexure A/1), 17.04.2023 (annexure A/2) &

01.05.2023 (annexure A/3). He also challenging the order dated

30.10.2023 (Annexure A/4), 30.10.2023 (Annexure A/5) and

06.10.2023 Annexure A/6), whereby punishment of recovery of

Rs.5,00,000/- withholding of increment for one year without

cumulative effect Rs.1,60,000/- withholding of increment for a

period of six months without cumulative effect and Rs.1,50,000/-

withholding of increment for a period of six months without

cumulative effect has been imposed. The applicant preferred an

appeal dated 09.11.2023 (Annexure A-10, A-11 and A-12).

However, the same has not been decided.

2.

He further submits that this Original Application may be

disposed of with a direction to the competent authority of the

respondents to consider and decide the applicant’s appeal within a

time frame.

3.

Shri S.P. Singh, learned counsel for the respondents submits

that appeal preferred by the applicant on 09.11.2023 (Annexure A-

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10 to A-12), if not decided by the respondent No.4 the same shall

be considered and decided by the said authority within a

timeframe.

4.

In view of the above submissions made by learned counsel

for the parties, without going into the merits of the case, this

Original Application is disposed of with a direction to the competent

authority of the respondents to consider and decide the appeal

preferred by the applicant on 09.11.2023 (Annexure A-10 to A-12),

if not already decided, by a reasoned and speaking order, within a

period of 90 days from the date of communication of this order.

However, if the appeal is decided in favour of the applicant and if it

is found that applicant deserve the amount to be refunded then the

amount so recovered in the Head of ‘Fraud and Loss Rec.’ shall be

refunded to the applicant within a further period of three months.

(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)

Administrative Member

Judicial Member

kg/-