IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 11380 of 2008. Decided on: 22.12.2010. __________________________________________________________ Uttam Chand. … Petitioner. Versus The State of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. Virender Thakur, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General. Rajiv Sharma, J. (oral): Petitioner was issued memorandum dated 23.2.2004 vide Annexure A-1 whereby action was proposed to be taken against him under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and he was directed to submit his representation/ reply within a period of ten days. The petitioner filed reply to the same vide Annexure A-2. The disciplinary authority passed the order of imposition of penalty by withholding two increments without cumulative effect and the period w.e.f. 6.12.2003 to 1.3.2004 was ordered to be treated as dies non. Once the petitioner was permitted to file reply to the show cause notice, the reply filed by the petitioner was required to be 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - considered in its right perspective. Merely stating that the reply has been considered is not sufficient compliance of the principles of natural justice. It is well settled that all the grounds/pleas raised in the reply must be considered in detail before the disciplinary authority imposes the penalty or records its final opinion. This is lacking in this case. 2. Accordingly, the petition is allowed. Annexure A-7 dated 1.7.2004 is quashed and set aside. However, liberty is reserved to the respondent to proceed with the matter in accordance with law. The petitioner shall be entitled to all the consequential benefits. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma), Judge. December 22, 2010. (sck).