IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 49 of 2009. Date of decision: 18.5.2009 ________________________________________________________ Union of India & Ors. …. Appellants Versus Sh.Virender Kumar. ….. Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice V.K.Ahuja, J. Whether approved for reporting? No For the appellant: Mr.Ravinder Thakur, Central Government Standing Counsel. For the respondents: _____________________________________________________ Deepak Gupta, J.(Oral) CMP(M) No.392/2009 For the reasons stated in the application, the same is allowed and the delay in filing the appeal is condoned. Application is disposed of. LPA No.49/2009 This appeal is directed against the judgment of the learned Single Judge dated 10.11.2008 whereby he allowed CWP No.1544/007 filed by the respondent and quashed the order of discharge dated 13.12.1998 passed 2 against the respondent. The learned Single Judge has made reference to the letter dated 28.12.1988 which lays down the procedure for discharge of inefficient JCOs/WOs and other ranks. He has come to the conclusion that the procedure prescribed in the said letter has not been followed. It has been argued before us that the procedure prescribed in this letter is not binding on the appellant. We fail to appreciate how the Union of India, which has issued the letter, can itself argue that this letter is not binding on it. Once the procedure is laid down even by executive instructions, the same must be followed. We therefore, find no merit in the appeal which is accordingly dismissed. CMP No.325/2009 No orders are required to be passed in view of the orders passed in LPA. Application is disposed of. ( Deepak Gupta ) Judge May 18, 2009 (V.K.Ahuja) (m) Judge