CWP No.10030 of 2003.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.10506 of 2010 in/and CWP No.10030 of 2003 (O&M) Date of Decision: 01.11.2010 **** JL Puri . . . . Petitioner VS. United India Insurance Co. Ltd. & Anr. . . . . . Respondents **** 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? **** Present: Mr. KL Arora, Advocate for the petitioner Mr. DR Bansal, Advocate for the respondents ***** SURYA KANT J. (ORAL) CM No.10506 of 2010 The prayer in this application is to direct the respondent- Appellate Authority to decide the statutory appeal(s) said to have been filed by the petitioner. Upon notice, the respondents have filed their reply in Court, which is taken on record, averring that no such appeal was filed by the petitioner. Be that as it may, on the request made by learned counsel for the petitioner which is not opposed by counsel for the respondents, the application is allowed and the main case is taken on board for final disposal. CM stands disposed of. CWP No.10030 of 2003.doc - 2 – CWP No.10030 of 2003 (1). The petitioner, who was a Deputy Manager with the respondent-Insurance Company until his removal from service, now seeks a direction for re-instatement in service along with all consequential benefits or in the alternative a direction to the respondents to decide the appeal(s) said to have been filed by him against the impugned punishment order dated 30.06.1994 and 24.03.1995 (Annexure P1 & P3, respectively). (2). The petitioner is relying upon certain representations- cum-appeal allegedly sent by registered post (Annexure P2 & P4). (3). Instead of going into the issue as to whether or not the above mentioned appeal(s)-cum-reminders preferred by the petitioner were received by respondents, in my considered view, no serious prejudice would be caused to the respondents if the petitioner is permitted to submit a fresh representation-cum-appeal(s) and the same is considered and disposed of in accordance with law. (4). The writ petition is accordingly disposed of with liberty to the petitioner to submit a fresh representation-cum- appeal within a period of one month from the date of receipt of a certified copy of this order and on receipt thereof, the appellate authority of the respondent- CWP No.10030 of 2003.doc - 3 – Corporation shall consider and dispose of those appeal (s)/representation(s) in accordance with law and if so permitted under the rules, by affording an opportunity of personal hearing to the petitioner, as early as possible but not later than four months from the date of receipt of such appeal(s)/representation(s). (5). The petitioner shall be at liberty to attach the copies of the earlier representation(s)/appeal(s) along with additional grounds of appeal, if any, to be submitted by him. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 01.11.2010 vishal shonkar