IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 6722 of 2008. Decided on: 04.08.2010. __________________________________________________________ Bikram Singh. … Petitioner. Versus 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. H.K. Paul, Advocate. For the Respondents : Mr. R.P. Singh, Assistant Advocate General. Rajiv Sharma, J. (Oral): The petitioner was appointed as Peon in the respondent- department on 1st December, 1997. He was promoted to the post of Clerk with effect from 3rd July, 1999. Charge sheet was served upon the petitioner under Section 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 on 6th January, 2000. He did not file reply to this charge sheet. However, without completing the inquiry as per Central Civil Services (Classification, Control and appeal) Rules, 1965, the period with effect from 24th July, 1999 to 3rd August, 1999, 16th August, 1999 to 26th August, 1999 and 13th September, 1999 to 19th November, 1999 was treated as without pay. Thereafter, the petitioner was served with fresh show cause notice on 31st March, 2000 (Annexure A-3) for willfully remaining absent from duty with effect from 18th March, 2000 to 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - 23rd March, 2000. Petitioner filed reply to this show cause notice. However, vide Annexure A-5, the petitioner was reverted to Class-IV post on 3rd June, 2000. In the mean time, the period with effect from 13.4.2000 to 24.4.2000 was also treated as dies-non. 2. Once the disciplinary proceedings had been initiated against the petitioner under Section 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the Inquiry Officer was required to be appointed and after receiving the report of the Inquiry Officer, the disciplinary authority was to take action in accordance with law. Similarly, the petitioner could not be reverted from the higher post of Clerk to the post of Class-IV only by merely issuing show cause notice vide Annexure A-3, dated 31st March, 2000. In case the petitioner had remained absent from duty, regular inquiry was required to be instituted against him. Thereafter only, action as envisaged under law could be taken against the petitioner. The action taken by the respondents is in breach of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and also in violation of the principles of natural justice. The action of declaring the period with effect from 13.4.2000 to 24.4.200 without holding any inquiry is also declared illegal and arbitrary. 2. Consequently, the petition is allowed. Annexures A-2, dated 3rd February, 2000, Annexure A-4 dated 27th May, 2000 and A-5, dated 3rd June, 2000 are quashed and set aside. The petitioner is held entitled to all the consequential benefits. There shall be no order as to costs. (Rajiv Sharma), J. August 04, 2010. (sck).