IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA C.W.P. (T) No. 9667/2008 Date of decision: 26 . 5. 2010 Rajinder Kumar …. Petitioner Versus State of H.P. and others ……Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. justice Surinder Singh, J. Whether approved for reporting ?1 For the Petitioner: Ms. Sunita Sharma, Advocate. For the respondent : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Ankush Sood, Addl. Advocate General. Justice Kurian Joseph, C.J. (Oral) The petitioner challenges Annexure A9 and A10, proceedings for disciplinary action. The petitioner was the applicant in OA No. 1872 of 1997, in respect of disciplinary proceedings against him at that time. That O.A. was allowed setting aside the entire departmental proceedings, by order dated 31.5.2000. 2. It is the stand of the State that the O.A. was allowed only on the technical ground that the permission 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. - 2 - of the District Magistrate had not been obtained for initiating the proceedings. Even assuming for arguments sake it so, once the departmental proceedings have been set side by the Tribunal, unless leave was granted or reserved in the order for the State to proceed afresh in the matter, no fresh proceedings could have been initiated. Therefore, the impugned proceedings are quashed. The petition is allowed and disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice (Justice Surinder Singh), May 26, 2010 Judge (cm)