CWP(T) No.5149/2008 28.6.2010 Present: Mr. Ajay Sharma, Advocate, for the petitioner. Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Vivek Thakur, Addl. A.G. for the respondents. Petitioner’s appeal assailing the order dated 9.12.1997 (Annexure A-3), passed by the Assistant Registrar, Cooperative Societies stands rejected in terms of order dated 30.5.1998 (Annexure A-4), which reads as under:- “ORDER. This is an appeal of Sh. Mangat Ram Saini, Inspector Grade-I before the Secretary (Cooperation) against the orders of the Registrar, Coop. Societies, H.P. dated 22.12.97. Sh. Mangat Ram Saini has filed this appeal against the orders of the Registrar, Coop. Societies, dated 22.12.97 whereby a penalty of stoppage of one increment without cumulative effect has been imposed on him. In his written appeal Sh. Mangat Ram Saini has primarily made the following submissions:- 1. That irregularities have occurred in the Enquiry Report. Nothing was done by the appellant against the Rules. The findings of the Inquiry Officer are baseless. 2. That no show-cause notice proposing to impose penalty was given to him thus denying him the opportunity to give his defence. The comments of the Registrar, Coop. Societies on all the above points have been received. On perusal of the comments and the entire record, none of the allegations made by Sh. Mangat Ram Saini, Inspector are correct. The Registrar, Coop. Societies has correctly imposed the penalty of stoppage of one increment without cumulative effect. The Appeal is rejected.” 2. Undisputedly, this order does not assign any reasons for rejection. That apart the Appellate Authority had to decide the matter on the basis of the material pending before the Disciplinary Authority. Instead the Appellate Authority called for the comments from the Registrar, Coop. Societies and summarily rejected the appeal. This method adopted by the Appellate Authority is patently illegal. No extraneous material obtained behind the petitioner’s back could have been relied upon while deciding the appeal. As such, the aforesaid order dated 30.5.1998 is quashed. 3. The appeal is restored to its original position. The Appellate Authority, after affording due opportunity of hearing/representation, if required, shall decide the appeal by taking into consideration only the relevant material and passing a speaking order which shall be communicated to the petitioner. The decision be positively taken within a period of 4 weeks from the date of receipt of the certified copy of the order. Liberty granted to approach the Court if need so arises subsequently. 4. With these observations, the petition stands disposed of. ( Sanjay Karol ), Judge. June 28, 2010 (rana)