Through the instant petition, the petitioner seeks a direction to Respondent No, 1 to decide the departmental appeal of the petitioner dated 30.11.2001.
2. It is vehemently urged that the petitioner had been making hectic efforts since the filing of his departmental appeal and repeated reminders have been made to Respondent No, 1 for the decision of the departmental appeal but the same has not been addressed to in spite of verbal assurances given to the petitioner.
3. It is inter alia contended that the respondent is bound under the law to decide the departmental appeal of the petitioner and not deciding the departmental appeal of the petitioner is a clear violation of Section 24 a of the General Clauses Act, 1897 and in this regard, reliance is placed upon Maulana Qari Muhammad Arif, Sialvi, Divisional Khateeb Auqaf, Gujranwala Vs. Chief Administrator, Auqaf, Punjub Aiwan-e-Auqaf, Lahore and 2 others (2005 PLC (C.S.) 721), wherein it has been held that "nobody should be penalized by inaction of public functionaries" as well as Syed Safeer Hussain Shah Vs. Chief Secretary, Government of Punjab, Civil Secretariat, Lahore and 3 others (2003 PLC (C.S.) 689), wherein it has been observed that "when the department concerned is not disposing of the representations for orders, an aggrieved person has got the remedy of filing the writ petition before this Court".
4. In view of the above submissions of learned counsel for the petitioner, Respondent No, 1 is directed to expeditiously decide the pending departmental appeal of the petitioner dated 30.11.2001 within one month on the receipt of this order.