IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10805 of 1989 (O&M) Date of decision: 14.03.2011 Manjit Singh ....Petitioner versus Punjab State Civil Supplies Corporation Limited and another ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Vipin Mahajan, Advocate, for the appellant. Ms. Deepali Puri, Advocate, for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The only challenge through the writ petition is that the disciplinary authority namely, the Managing Director, who removed the petitioner from service also decided the appeal which was statutory appeal under Rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. The Appellate Committee was the Chairman, but the appeal came to be dismissed through the impugned order dated 31.03.1989 through Annexure P9 reducing him in rank. 2. Learned counsel states that an Appellate Committee cannot also be the very same Committee that has passed the order and, therefore, it is per se illegal. It is also against the express provisions of statutory Civil Writ Petition No.10805 of 1989 (O&M) - 2 - rules that govern the issue regarding disciplinary action. I uphold the contention and hold that the impugned order is liable to be set aside. By virtue of the impugned order, the punishment of removal from service was substituted and reduction in rank. During the pendency of this writ petition, it appears that the petitioner has also retired from service in 2005. This reduction in rank will have a definite bearing on the terminal benefits payable to the petitioner. Consequently, the appeal shall be heard by the statutory authority constituted under the relevant rules and dispose it off within a period of 4 months from the date of receipt of the records. The writ petition is allowed but remitted to the Appellate Committee for consideration and disposal in accordance with law. 3. For appearance of the parties before the Appellate Committee on 06.04.2011. (K.KANNAN) JUDGE 14.03.2011 sanjeev