CWP(T) No. 10055 of 2008 27.5.2011 Present: Mr. Rajesh Verma, Advocate, vice Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. Anil Jaswal, Deputy Advocate General for the respondents-State. CMP No. 144 of 2011 1. For the reasons set out in the application order dated 27.4.2011 is recalled and the petition is restored to its original number. Application stands disposed of. CWP(T) No. 10055 of 2008 2. Since serious disputed questions of fact are being urged in the present petition, learned counsel for the parties agree that a direction can be issued to the respondent/authority to decide the appeal (Annexure A-7) filed by the petitioner against the order imposing penalty in the disciplinary proceedings. 3. The fact of the pendency of appeal is not disputed in the reply. Consequently, in view of the aforesaid, a direction is issued to the appellate authority to decide the appeal (Annexure A-7) within a period of four months from the date of receipt of certified copy of the judgment. Liberty granted to the petitioner to place additional material before the appellate authority. The contentions raised by the petitioner in the appeal including his request for premature/voluntary retirement shall be considered, adverted to and dealt with by the authorities in accordance with law. Needless to add before deciding the appeal the authorities -2- shall afford opportunity of hearing/representation to the petitioner. Reasoned orders passed by the authorities shall also be communicated to the petitioner. Petition stands disposed of accordingly. (Sanjay Karol), Judge. May 27, 2011 (PK)