CWP(T) No.8583 of 2008 3.3.2011 Present: Mr. Onkar Jairath, Advocate for the petitioner. Mr. Adarsh Sharma, Advocate for the respondents. In the instant case the impugned order imposing penalty has been passed by the Appellate Authority. The order in question dated 11.11.1992 (Annexure A-5) has been passed by the Managing Director who in fact is the Appellate Authority. Keeping in view the decision taken by the Apex Court in Surjit Ghosh versus Chairman and Managing Director, United Commercial Bank and others, (1995)2 SCC 474 and by this Court in Jagdish Chand versus Himachal Road Transport Corporation and another, CWP (T) No.6781 of 2008, the impugned order Annexure A-5 is quashed and all consequential shall follow. It is stated that the petitioner has retired. If so desire, it is open for the respondents to take action in accordance with law. With these observations, petition stands disposed of. ( Sanjay Karol) Judge March 3, 2011. (jai)