BABA PROJECT PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) We find that against the order of penalty passed by the Appellate Authority, a revision is pending before the State Appellate Tribunal and the grievance of the petitioner is that pending finalization of the proceedings before the Appellate Tribunal and consideration of the application for stay, the coercive action is being taken and the petitioner is unable to prosecute the appeal or the stay application as the post of the Presiding Officer of the Tribunal has not been filled up.

(2.) We are informed that the Chairman to the Tribunal has been appointed and he is likely to take over the charge very soon and the tribunal to become functional.

(3.) In many cases, we have already granted interim protection and directed the Tribunal to consider the revision petition or at least the application for stay and till then coercive action has been directed to be kept in abeyance.