8.4.2009 Present: None for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A. G. & Mr. Anil Jaswal, Dy. A. G. for respondents CWP(T) No. 2976/2008 (OA No.104/96) The petition filed before the erstwhile Himachal Pradesh Administrative Tribunal on 11.1.1996, was admitted on 6.3.1996. The same stood transferred to this Court in view of the provisions of The Himachal Pradesh Administrative Tribunal (Transfer of decided and pending cases and applications) Act, 2008 (No.14 of 2008). As per office report dated 2.4.2009, notice for actual date of hearing of the petition was issued to the petitioner for today. Inspite of pass over, none has caused appearance. In the present petition, the petitioner has prayed as under:- (i) that the impugned punishment order at Annexure A-15 dated 10/11.10.1995 may kindly be quashed and set aside, besides quashing the impugned punishment order Annexure A-8 dated 4th August, 1995. (ii) that directions may also kindly be issued to the respondents to restore the annual increment stopped by the impugned orders forthwith of arrear of pay and allowances. (iii) that after the restoration, the initial increments, directions may kindly be issued to respondents to calculate his pension as if no punishment has been awarded to the applicant. (iv) that the respondents may be directed to produce the entire record pertaining to the case. Disciplinary action was initiated by the authorities for misconduct committed by the petitioner while serving as police Head Constable. The charge being that he absented from duty, the departmental inquiry was initiated against him. The Inquiry Officer found the petitioner to be guilty of misconduct. Notice to show cause dated 30.6.1993 (Annexure A-6) was issued to him proposing to impose a major penalty. The same was duly responded to by the petitioner in terms of reply (Annexure A-7). The disciplinary authority, by taking a lenient view imposed “the penalty of with-holding of one year annual increment permanently.” Petitioner preferred an appeal to the superior authority and in terms of order dated 11.10.1995 (Annexure A-15) the appeal was dismissed. From the record, it is evident that fair opportunity to respond to the show cause notice and answer the charges was afforded to the petitioner. The Authorities had issued a show cause notice indicating that a major penalty would be imposed but, however, by taking a lenient view the authorities imposed a minor penalty. The charge of the petitioner is grave. He has absented from duty without any sufficient cause, reason or explanation. Record reveals that the petitioner had never made a grievance with regard to violation of principles of natural justice. The action initiated by the respondents is in consonance with law. For the aforesaid reasons, I find no merit in the petition and the same is dismissed. ( Sanjay Karol ), Judge. April 8, 2009 (rana)