CWP(T) No. 7174 of 2008 4.8.2011 Present: Mr. Hamender Chandel, Advocate, for the petitioner. Mr. Vinod Thakur, Deputy Advocate General for respondents-State. According to the learned counsel, petitioner stands acquitted by the Courts below in relation to cause of action which prompted disciplinary action by the respondents. He submits that the basis of the disciplinary action was the prosecution initiated against the petitioner. 2. Admittedly appeal against the impugned order dated 5.11.2004 has not been preferred by the petitioner. Undisputedly remedy of appeal now lies before the Divisional Commissioner. All these factual aspects can be considered by the appellate authority. 3. As prayed for, liberty granted to the petitioner to file an appeal before the appellate authority within a period of four weeks from today. After affording due opportunity of hearing to all concerned, decision thereupon shall be taken by the appellate authority within a period of four months from the date of receipt of such appeal. It shall be open for the petitioner to urge all contentions raised before this Court in the appeal. 4. Petition stands disposed of, so also the pending application(s), if any. (Sanjay Karol), Judge. August 4, 2011 (PK)