IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 359 of 2010 Date of Decision: 6th September, 2011 Sohan Lal Appellant Versus H.R.T.C. and another Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. For the Appellant: Mr. Sunil Chaudhry, Advocate For the respondent: Mr. Adarsh Sharma,, Advocate Sanjay Karol, J. (Oral) In view of the nature of order which we propose to pass, the impugned judgment dated 9.4.2010 passed in CWP (T) No. 5319 of 2008 is set aside. 2. While working as a driver, appellant (original petitioner) allegedly misconducted himself. Disciplinary proceedings were initiated against him in which he admitted his guilt. According to him, penalty of removal from service is harsh and disproportionate to the alleged misconduct. Respondents have, however, justified passing of the order of removal from service. 2 3. Be that at it may be, there are serious disputed factual issues involved. It is not disputed that it is open for the appellant to approach the Managing Director of the respondent- Corporation by way of an appeal. Since complex issues of facts are involved, it would only be appropriate for the appellant to approach the Managing Director of the respondent-Corporation by making a detailed representation, in the nature of an appeal, clearly pointing out the circumstances for not joining duty which allegedly was on account of circumstances beyond his control. We are hopeful that the authorities shall consider his case sympathetically and take a decision thereupon at the earliest. 4. Appellant shall positively approach the authorities within a period of four weeks from today, which shall be considered and decided, within a period of three months, in accordance with law, justice and equity, after affording due opportunity of hearing/ representation to him. Needless to add, order assigning reasons shall be communicated to the appellant and it shall always be open for him to take recourse to such remedies as may be available to him, in accordance with law, if need so arises subsequently. 3 5. With the aforesaid observations, present appeal is disposed of. (Justice Kurian Joseph) Chief Justice (Justice Sanjay Karol) 6th September, 2011 Judge. (C)