CMPMO 286 of 2008. 29.9.2008 Present: Petition through jail. Ms. Ruma Kaushik, Addl. AG, for the respondent. This case discloses bureaucratic ineptness. This petition has been received through jail against the order conveyed to the petitioner on behalf of the Joint Secretary, Cooperation to the Government of Himachal Pradesh that his request for reviewing the order dismissing his appeal could not be entertained as he had been given ample opportunity to defend his case. The respondents have not cared to ascertain that at the time when the appeal was called for hearing, non representation of the appellant –petitioner was for the reason that he was confined to jail and serving sentence. Similarly, the order passed in review petition shows lack of application of mind. This petition is accordingly accepted; the order passed by the Joint Secretary (Cooperation) to the Government of Himachal Pradesh is quashed and set aside. The appeal filed by the appellant Laiq Ram is ordered to be restored to its original number. A direction is issued that the appeal of the petitioner shall be heard by the appellate authority in accordance with law -2- after granting him adequate opportunity for representation. It is directed that in case the appellant is in Jail, he shall either be given assistance of a legal aid counsel if he so desires or shall be allowed to appear in person if released after he has served his sentence, or written submissions from him shall be taken on record. This petition is accordingly allowed. The impugned order is quashed and set aside. The order passed in review by the Joint Secretary (Cooperation) is also quashed and set aside. Let the appeal be decided in accordance with law as directed hereinabove. The record be sent to the Secretary (Cooperation) to the Government of Himachal Pradesh, Shimla for necessary action in accordance with law and strict compliance of this order. September 29, 2008 (PC). (Dev Darshan Sud), J.