IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 267 of 2010. Decided on: December 6, 2010. Swaran Dass …Appellant. Versus State of Himachal Pradesh & ors. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Sharma, Judge. For the appellant: Mr. Ajay Sharma, Advocate. For the Respondents: Mr. R.K.Bawa, AG, with Mr. J.K.Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The appellant is the petitioner in the Writ petition. He had approached this Court earlier when he was issued a show-cause notice. This Court by judgment in CWP No. 1457 of 2009 (Annexure P-9), relegated the petitioner to the very same authority directing that he would submit his reply and his reply would be considered. Thereafter, he submitted his reply as per annexure P-2. The District Panchayat Officer passed Annexure P-3, order placing him under suspension, without even referring to the reply. The learned Single Judge, dismissed the Writ Petition holding that the petitioner has an alternate remedy. True, there is no quarrel with well settled preposition that the order passed by the District Panchayat Officer is appealable. But having gone through Annexure P-3, order passed by the District Panchayat Officer, we find that there is not even a reference to the contentions taken by the petitioner in the reply. In that view of the matter, it may not be appropriate to relegate the petitioner to pursue his statutory remedy since no other ground can be taken before the appellate authority except that there is no consideration of his contentions. Therefore, Annexure P-3, order is set aside. The appellant-petitioner will appear before the District Panchayat Officer on 10th December, 2010 alongwith the copy of this judgment and the District Panchayat Officer will afford an opportunity of hearing to the appellant-petitioner and will pass a speaking order, adverting to the contentions 2 taken by the petitioner in the reply on or before 14th December, 2010. In that view of the matter, the judgment of the learned Single Judge is set aside and the appeal is disposed of. Copy Dasti. (Justice Kurian Joseph), Chief Justice. December 6, 2010. ( Justice V.K. Sharma ), (karan) Judge.