IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 11969 of 2008 with CWP(T) No. 11970 of 2008. Decided on: 27th December, 2010. 1. Dr. Lila Dhar Vatsyayan. …Petitioner. -Versus- State of Himachal Pradesh. …Respondent. 2. Dr. Lila Dhar Vatsyayan. …Petitioner. -Versus- State of Himachal Pradesh. …Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner(s). : Mr. Dilip Sharma, Advocate. For the respondent(s). : Mr. R.P. Singh, Assistant Advocate General. (in both the petitions). ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Since common questions of law and facts are involved in these petitions, the same were taken up together and are being disposed of by this common judgment. 2. Petitioner was served with a memorandum dated 18.01.2005 (A-9) under Rule 16 of the CCS (CCA) Rules, 1965. He filed reply to the same. However, vide office order dated 02.03.2005, the Disciplinary Authority has imposed the penalty of withholding of two increments without cumulative effect upon 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - the petitioner. Petitioner has made a detailed reply to the charge-sheet. However, the same has not been considered by the Disciplinary Authority in right perspective. Once the petitioner has been permitted to file a reply to the show-cause notice, the averments contained therein were required to be considered in depth by the Disciplinary Authority. There is violation of the principles of natural justice. 3. Consequently, the petitions are allowed. Annexure A-11, dated 02.03.2005 is quashed and set aside. The respondents are directed to release the salary of the period w.e.f. 16.09.2004 to 21.12.2004 to the petitioner, within a period of two months from the date of production of a certified copy of this judgment by the petitioner. (Rajiv Sharma) Judge December 27, 2010. (bhupender) - 3 -