Judgment:
W.P.NO.12568/2012 29-11-2012.
Shri P.S.Gaharwar, learned counsel for the petitioner.
Smt.D.K.Bohre, learned Panel Lawyer for the State.
Having heard the learned counsel for the parties , it is seen that this writ petition has been filed against the order dated 24-07-2012, passed by the respondent no.2, the Additional Commissioner, Rewa Division, Rewa.
A perusal of the order passed by the Additional Commissioner, as contained in Annexure P-1 indicates that the revision has been filed against the order passed in appeal by the lower court whereby the appeal was rejected on the ground that the application for restoration itself was filed after 2 and ½ years of its restoration and finding the petitioner not to be working his prayer for stay has been rejected and in doing so, the learned Additional Commissioner has not committed any error.
Even though learned counsel for the petitioner has tried to emphasize that the petitioner is working on the said post and he should be permitted to work but the Commissioner after due appreciation of the material available on record and particularly the fact that the restoration was sought after 2 and ½ years has come to the conclusion not to grant stay and rejected the application and in doing so, the Additional Commissioner has not committed any error.
In view of the above, it is not appropriate for this court to interfere into the matter at this interlocutory stage when the revision on merit is pending 2 consideration before the Additional Commissioner and only an interlocutory order has been passed .
Accordingly, finding no case for interference at this interlocutory stage, when revision on merit is pending consideration before the Additional Commissioner this petition stands dismissed with direction to the respondent no.2 Additional Commissioner, Rewa to decide the revision on merit after hearing all concerned in accordance to law within a period of 2 months from the date of receipt of the certified copy of this order.
With the aforesaid, the petition stands dismissed.
C.C.as per rules.
(RAJENDRA MENON) hsp JUDGE