IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 8301 of 2008. Decided on: 15.12.2010. __________________________________________________________ Brij Lal. … Petitioner. Versus The H.R.T.C. and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioners : Mr. R.G. Thakur, Advocate. For the Respondents : Mr. Adarsh Sharma, Advocate. Rajiv Sharma, J. (oral): Disciplinary proceedings were initiated against the petitioner. Inquiry Officer was appointed. The disciplinary authority has imposed the penalty of stoppage of one increment upon the petitioner without cumulative effect for the period of six months. Thereafter the petitioner preferred an appeal vide Annexure P-6. The appellate authority issued notice to the petitioner why the penalty should not be enhanced, on 14th November, 2000 vide Annexure P-8. The petitioner filed reply to the same on 27th November, 2000. The appellate authority vide Annexure P-10, dated 28th March, 2001 imposed the penalty of withholding of three increments without cumulative effect for a period of three years without taking into consideration the reply filed by the 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - petitioner in its right perspective. Once the petitioner has filed reply to memorandum, dated 14th November, 2000, it was required to be considered in accordance with law by the Managing Director of the respondent-Corporation. It is not the sufficient compliance with law that the reply has been found unsatisfactory. The grounds taken in the reply were required to be considered in depth by the Managing Director of the respondent-Corporation before finding them to be unsatisfactory. 2. Accordingly, the petition is allowed. Annexure P-10, dated 28th March, 2001 is quashed and set aside. The Managing Director of the respondent-Corporation is directed to decide the appeal afresh by passing a speaking order by taking into consideration the reply filed to memorandum dated 14th November, 2000, on 27th November, 2000, within a period of two months after the production of certified copy of this judgment. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma), Judge. December 15, 2010. (sck).