19.3.2009 Present: Mr. Surender Sharma, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A. G. & Mr. Anil Jaswal, Dy. A. G. for the respondents. CWP(T) No.3854/08 (OA 1686/96) While serving as Ayurvedic Chikitsa Adhikari, petitioner was charge-sheeted for his alleged misconduct. Out of four charges, two are stated to have been proved against him. It is a matter of record that without furnishing a copy of the inquiry report, the Disciplinary Authority vide orders dated 4.1.1996 (Annexure A-3/A) imposed the following minor penalty:- “The Governor, Himachal Pradesh, therefore, has finally come to the conclusion and proposed the penalty of stoppage of three increments without cumulative effect against Dr. Ishwar Prakash, Ayurvedic Chikitsa Adhikari.” From the record, it is also evident that the petitioner had not filed any statutory appeal. It is true that ordinarily petitioner should not be relegated to the stage of appeal and more particularly at this stage but, however, as Mr. Surender Sharma, learned counsel for the petitioner had wanted me to go through complex factual matrix, I feel that the appellate authority would be in a better position to appreciate the material on record and take a decision there upon. In these circumstances, it is open for the petitioner to file an appeal within a period of four weeks from today. In the event of the petitioner filing the appeal, the respondents shall decide the same in accordance with law, after affording due opportunity of hearing, by passing a speaking order within a period of 12 weeks from the date of receipt of the appeal. Thereafter, it shall be open for the petitioner to seek redressal of his grievances before an appropriate forum in accordance with law. The petition stands disposed of, so also the pending application . ( Sanjay Karol ), Judge. March 19, 2009 (rana)