IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 8111 of 2008, Decided on: _03.08.2009. Hari Singh. .… … … Petitioner. Versus H.P. State Forest Corporation … … … Respondents. and another. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?.1 For the petitioner: Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the respondents: Mr. J.R. Thakur. Advocate. Rajiv Sharma, Judge (Oral): The disciplinary proceedings were initiated against the petitioner. Mr. C.R. Premi was appointed as Inquiry Officer, vide office order dated 23.4.1999. He submitted the report to the Disciplinary Authority on 3.2.2000. The copy of the inquiry report was supplied to the petitioner by the Disciplinary Authority. The following penalties were imposed upon the petitioner, vide office order dated 2.11.2000:- i) Two annual increments be withheld without cumulative effect. Whether reporters of local papers may be allowed to see the judgment?. - 2 - ii) An amount of Rs.1,32,000/- (Rupees one lac thirty two thousands only) be recovered from him in 36 equal installments. The order passed by the Disciplinary Authority is appealable. However, the petitioner has not filed any appeal. The petitioner has only served a notice under Section 80 of Code of Civil Procedure on the Secretary (Forest) on 1.12.2000. The Court is of the considered view that it is a fit case where the petitioner is required to be permitted to file an appeal against the order of the Disciplinary Authority. Accordingly, the writ petition is allowed. The petitioner is permitted to file an appeal before the Appellate Authority within a period of three weeks from today. The Appellate Authority shall decide the appeal without taking into consideration the limitation prescribed under Rule 25 of the Central Civil Services (Classification, Conduct and Appeal) Rules, 1965 in view of Section 14 of the Limitation Act, 1963. The Appellate Authority shall decide the appeal within a period of six weeks by a self-contained order. No costs. August 3, 2009. (Rajiv Sharma) (rkv). Judge. - 3 -