CWP(T) No. 5821/2008 (OA 1530/99) 13.05.2010 Present: Ms. Ranjana Parmar, Advocate, for the petitioner. Mr. Adarsh Sharma, Advocate, for the respondents. The petitioner was appointed as driver on 2.10.1974. He was to retire in October, 2001. Allegedly during the course of his employment he suffered injuries due to which he could not discharge his duties 2. The medical board opined that he was fit for further service of less laborious character. The respondents however in terms of order dated 16.6.1994 retired him from the service. He was 55 years of age at that time. Aggrieved of the same petitioner filed an appeal which was summarily dismissed by a non-speaking order. Letter communicating the said order (Annexure – F) reads as follows: “From Managing Director, Himachal Road Transport Corporation, Shimla-171003. To Shri Sukh Ram, S/o Sh. Narainoo Ram, Vill. Bharari Dhar, P.O. Kotgarh, Distt. Shimla, H.P. Dated:Shimla-171003, the 22th February, 1999 Subject: Regarding appeal of Shri Sukh Ram, Ex-Driver. Memo: Reference your appeal dated 16.09.98 on the above cited subject. 2. Your appeal has been seen by the Competent Authority and has passed the following order:- “Considered & rejected.” Sd/-. Dy. Divisional Manager (Admn.) Himachal Road Transport Corporation, Shimla-171003.” -2- 3. No reasons what so ever have been assigned while rejecting the petitioner’s appeal. Record substantiating the same has also not been produced. In these circumstances the order of rejection of the petitioner’s appeal is set aside. A direction is issued to the respondent authorities to decide the same in accordance with law within a period of four months from the date of the receipt of the certified coy of the order. Needless to add it shall be open for the petitioner to place additional material before the appellate authority. The appeal shall be decided after affording due opportunity of hearing/representation to the petitioner. The authorities shall assign reasons and the order shall also be communicated to the petitioner. 4. With the aforesaid observations the present petition is disposed of. (Sanjay Karol), Judge. May 13, 2010 (PK)