IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.14522 of 2008 Decided on: 29.8.2011 Narender Kumar .…Petitioner Versus The State of H.P. and ors. … Respondents _________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Arush Matlotia, Advocate vice Mr. Vikas Bhardwaj, Advocate. For the respondents : Mr. P.K. Sharma, Addl. A.G. with Mr. Anil Jaswal, Dy.A.G. V.K. Sharma, Judge (Oral) Admittedly, pursuant to departmental action, the petitioner, a class-IV employee on the establishment of respondent No. 4- Temple Trust, has been imposed penalty of withholding ten increments with cumulative effect. The impugned order was though appealable to the Divisional Commissioner Kangra at Dharamshala, being the Appellate Authority, yet instead the appeal dated 28.6.2003 (Annexure A-16) was preferred to the Financial Commissioner-cum- Secretary (Finance) to the Government of Himachal Pradesh. 2. In view of the above, the petition is disposed of with a direction that the aforesaid appeal dated 28.6.2003 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 (Annexure A-16) shall be treated to have been filed to the aforesaid Appellate Authority, who shall proceed to consider and decide the same within three months from the date of production of a copy of this judgment by the petitioner and in which event, the bar of limitation, if any, would not come in the way of the petitioner as he had been pursuing the claim throughout, earlier before the erstwhile H.P. Administrative Tribunal (since abolished) and thereafter before this Court. 3. The petition stands disposed of, so also pending application(s) if any. (V.K. Sharma) Judge. 29th August, 2011 (pankaj)