CWP (T) No. 12513/2008 04.03.2011 Present: Mr. Ranjan Sharma, Advocate, for the petitioner Mr. R. M. Bisht, Dy. A.G with Mr. Vinod Thakur, Dy. A.G. for the respondents It is contended on behalf of the petitioner that the order imposing penalty (Annexure A-10) is in violation of the provisions of Rule 15 of the CCS (CCA) Rules, 1965. It is also contended that during pendency of the present petition petitioner stands acquitted in the criminal case. It is also contended that the issue raised by the petitioner including violation of mandatory provisions of CCS (CCA) Rules has not been adverted to and considered by the Appellate Authority while passing the impugned order dated 30.11.2004 (Annexure A-12). 2. Perusal of the order makes this fact evidently clear. Further contentions raised by the petitioner in the appeal (Annexure A-11) have also not been considered by the Appellate Authority. Appellate Authority has simply reproduced the findings returned by the Inquiry Officer which are against the petitioner. The fact that petitioner stood absolved on some of the charges has also not been considered. 3. Consequently on this short ground alone, as is prayed for by learned counsel for the petitioner, order dated 30.11.2004 (Annexure A-12) is quashed. Appellate Authority is directed to consider and decide the appeal, by adverting to all the contentions raised by the petitioner in the appeal and also the fact that he subsequently stands acquitted, within a period of three months from the date of receipt of the certified copy of this order. Authority shall also take into account the alleged non-compliance of the provisions of Rule 15 of the CCS (CCA) Rules. 4. With the aforesaid observations, petition stands disposed of. March 04, 2011 ( Sanjay Karol ), (rana) Judge.