IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 10064 of 2008 Date of Decision : December 8, 2011 Bhagat Singh son of Shri Lal Singh, Resident of Village Badiyar, Post Office Nandpur, Tehsil Jubbal, District Shimla, H.P., presently working as Clerk in Himachal Pradesh Takniki Shiksha Board Dharamshala, District Kangra, H.P. Petitioner Versus 1. Himachal Pradesh Takniki Shiksha Board, Dharamshala, District Kangra, H.P., through its Secretary. 2. Shri P. C. Gupta, Inquiry Officer- cum-Additional Secretary, H.P. Board of School Education, Dharamshala, District Kangra, H.P. 3. Shri Sunil Kumar Deputy Secretary, H.P. Takniki Shiksha Board Dharamshala, District Kangra, H.P. Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Vikas Bhardwaj, Advocate. For the respondents : Mr. Bhupinder Thakur, Advocate, vice Mr. Arvind Sharma, Advocate. Justice Sanjay Karol, J. (Oral) Petitioner has prayed for the following reliefs:- Whether reports of Local Papers may be allowed to see the judgment? 2 “(i). That the impugned order dated 30.8.2003 (Annexure /A-7) passed by the respondent No. 1 may kindly be quashed and set aside in the interest of justice. (ii) That the applicant may kindly be provided with all the consequential benefits resulting from the quashing of the penalty imposed vice order dated 30.8.2003 (Annexure/A-7). (iii) Any other relief which this Hon’ble Tribunal may deem fit and proper in view of the facts and circumstances of the case may also be granted to the applicant. (iv) That entire record of the case may kindly be summoned up and the costs of this application may also be awarded in favour of the applicant.” 2. Annexure A-7 is the order of imposition of penalty by the disciplinary authority. Respondents in their reply have clarified that remedy of appeal is available to the petitioner. 3. It is also urged that there are complicated and complex questions of facts which require detailed examination and scrutiny in the instant case. 4. In this view of the matter it would only be appropriate that the matter is examined by the Appellate Authority. As prayed for, liberty is granted to the petitioner to approach the appellate authority within a period of four weeks from the date of receipt of certified copy of the order. Any such appeal filed by the petitioner shall be dealt with, in accordance with law, expeditiously and after 3 affording due and adequate opportunity of hearing to all concerned. Needless to add while deciding, authority shall assign reasons which shall be communicated to the petitioner. Since petitioner has been pursuing his remedies before this Court question of limitation shall not be raised by the respondents. 5. With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any. (Justice Sanjay Karol), Judge. December 8 , 2011 (PK)