26.3.2009 Present: Mr. C. N. Singh, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr.Vivek Thakur, Addl. A. G. with Mr. Anil Jawal, Dy. A. G. for the respondents. CWP(T) No.4020/2008(OA(D) No. 119/1997) After the matter was heard for some time, it transpired that disputed questions of facts are required to be adjudicated. Petitioner has assailed the disciplinary action initiated against him by the respondent Department. Learned counsel for the petitioner has made an attempt to take me through the complex fatual matrix of the case. Mr. Thakur pointed out that the petitioner has not availed the statutory remedy by filing an appeal. Ordinarily, after a period of 12 years, this Court would not relegate any party to that stage, but, however, keeping in view the complex factual matrix which is seriously disputed by the parties, in the facts and circumstances, it is only desireable that the appellate authority considers the same in accordance with law. Learned counsel for the petitioner submits that his client shall file an appeal within a period of four weeks from today. After affording due opportunity of hearing/representation to the petitioner, the respondents shall decide the same by passing a reasoned order in accordance with law. Appeal be decided within a period of four months from the date of the receipt by the respondents authorities. Needless to add, it shall be open for the parties to raise all contentions as may be permissible to them in accordance with law. Since the petition has been pending for quite some time, the question of limitation shall not come in the way of the petitioner. With the aforesaid observations, without going into the merits of the matter, the present petition is disposed of. ( Sanjay Karol ), Judge. March 26, 2009 (rana)