IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12408 of 2009. [O&M] Date of Decision: 30th March, 2010. Dr. Ajit Pal Singh Petitioner through Mr. Gurminder Singh, Advocate Versus State of Punjab Respondents through Mr. B.S.Chahal, DAG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioner is aggrieved at the order dated 22.07.2009 [Annexure P-8] whereby he has been reverted from the post of Senior Medical Officer to that of Medical Officer in the initial grade. The afore-stated order has been passed as a measure of punishment after holding a departmental inquiry against him on more than one charges. One of the contentions raised on behalf of the petitioner and which carries some weightage is that while imposing the impugned punishment, the Disciplinary Authority has been heavily swayed by the probabilities only for the reason that there is no categorical finding returned by the Inquiry Officer that the petitioner actually issued bogus or fake medical certificate. Reference is also made to the findings returned by the Inquiry Officer on the second charge wherein nothing wrong has been found against the integrity of the petitioner. It is urged that notwithstanding these findings, the petitioner has been subjected to one of the severest punishment, namely, reduction in rank and that too at the initial pay, completely over-looking his service period over 31 years. During the course of hearing, however, it is not disputed by counsel for the petitioner that the impugned order is appealable. He submits that since the petitioner is due for retirement on 30.04.2010, usual delay in deciding his appeal, would cause an irreparable loss and injury in terms of the post retiral benefits. After hearing counsel for the parties at some length and keeping in view the fact that the petitioner has an alternative effective remedy of statutory appeal under the Punjab Civil Services [Punishment and Appeal] Rules, 1970, I deem it appropriate to dispose of this writ petition with a direction that if the petitioner submits a departmental appeal by 16.04.2010, the Appellate Authority shall decide the same within a period of one month after affording an opportunity of personal hearing to him. Needless to say that the Appellate Authority shall keep in view the nature of findings returned by the Inquiry Officer against the petitioner, his total length of service, service record and other attending circumstances while deciding the statutory appeal. The petitioner shall be entitled to raise all the contentions before the Appellate Authority. Disposed of. Let a copy of this order be supplied to counsel for the petitioner under the signature of the Bench Secretary on payment of requisite charges for Dasti copy. March 30, 2010. ( SURYA KANT ) dinesh JUDGE