1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT D.B.CIVIL SPECIAL APPEAL (W) No.414/2000 in S.B. CIVIL WRIT PETITION No.1266/1990 MRS. NIRMAL GUPTA V/s THE RAJASTHAN STATE CO- OPERATIVE HOUSING FINANCE SOCIETY LIMITED & Anr DATE OF JUDGMENT ::: MAY 01, 2008 PRESENT HON'BLE MR. JUSTICE SHIV KUMAR SHARMA HON'BLE MR. JUSTICE GUMAN SINGH Shri Mahendra Shah, for the appellant. Shri Brij Sharma on behalf of Shri R.B. Mathur, for the respondents. BY THE COURT : (ORAL) 1. Heard leaned counsel for the parties. 2. This appeal impugns the order dated August 27, 1999 of the learned Single Bench whereby the learned Single Bench declined to interfere with the order of punishment passed against the appellant. 3. A look at the order-sheet drawn on November 13, 2000 by the Division Bench demonstrates that the learned counsel for the appellant made the following 2 endorsement :- “On behalf of the appellant, I am confining my arguments in relation of punishment leaving other submissions.” 4. Confining his arguments, Shri Shah, leaned counsel, restrict himself to the submissions that the punishment imposed on the appellant was shocking disproportionate. 5. Having carefully scanned the impugned order of the learned Single Bench, we find that the learned counsel advanced this argument before the learned Single Bench. It was indicated by the learned Single Bench as under : “In the alternative, Mr. Shah has submitted that the punishment imposed on the petitioner is shockingly disproportionate looking to the nature of the charges.” 6. We find that the submission was not considered at all by the learned Single Bench. 3 7. In this view of the matter, we have no option to remit the case to the learned Single Bench to decide the following issue : “Whether the punishment imposed on the appellant was shockingly disproportionate looking to the nature of the charges ?” 8. For these reasons, we allow the appeal and set aside the impugned order. We remit the case to the learned Single Bench for deciding the afore-quoted issue. 9. The parties are directed to appear before the learned Single Bench on May 19, 2008, for seeking further instructions in the light of the said decision. There shall be no order as to costs. (Guman Singh), J. (Shiv Kumar Sharma), J. Chauhan/