IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14591 of 2010. [O&M] Date of Decision: 5th January, 2011. Niranjan Pal Singh Petitioner through Mr. S.B.Kaushik, Advocate Versus Punjab & Haryana High Court, Chanidgarh & Anr. Respondents through Ms. Radhika Suri, Advocate. 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 a Stenographer-II and is working under the District & Sessions Judge, Fatehabad, who vide order dated 14.10.2009, has imposed punishment on the petitioner pursuant to the disciplinary action. Aggrieved, the petitioner preferred an appeal before the Hon'ble Administrative Judge of Fatehabad Sessions Division. It appears from the contents of the orders dated 17.02.2010 [Annexure P-9] that the Hon'ble Administrative Judge was of the view that the appeal preferred under Section 36 of the Punjab Courts Act was not maintainable. The Hon'ble Administrative Judge accordingly permitted the petitioner to withdraw the appeal which was dismissed as withdrawn. It is indeed not in dispute that the service conditions of the petitioner are governed by the Haryana Subordinate Courts Establishment [Recruitment and General Conditions of Service] Rules, 1997. Rules 14[1] and 14-G of the said Rules read as follows:- “14.Appeal:- Appellate Authority – [1] An appeal shall lie to the High Court against order of a District and Sessions Judge imposing any penalty and such appeal may be disposed of by the Chief Justice or a Judge nominated by him in this behalf. xx xx xx 14-G. Nothing in these rules shall debar the High Court from altering, if deemed fit, any order of punishment or appointment not provided for above which may be passed by the District & Sessions Judge in respect of member of service, when an aggrieved person, petitions or otherwise, District and Sessions Judge should not, therefore, withhold any petition addressed to the High Court whether an appeal lies to it in the case or not under these rules. In a case in which no appeal lies, the District & Sessions Judge should forward it without any comments and relevant documents unless he wishes to do so or is so required by the High Court. Petitioners are forbidden to attend personally at the High court unless summoned to do so. Order on their petition will be communicated to them through the District and Sessions Judge concerned”. On a conjoint reading of the Rules, it may be seen that even if the nature of punishment imposed by the District & Sessions Judge is beyond the scope of the Rules, still the High Court is competent to entertain a petition against the same. That being so, the appeal/petition preferred by the petitioner was maintainable. For the reasons afore-stated, the writ petition is partly allowed and the order dated 17.02.2010 [Annexure P-9] permitting the petitioner to withdraw his appeal on an erroneous premise that the appeal was not maintainable, is set aside and the service appeal preferred by him is restored to its original number and file. The petitioner shall be at liberty to move an appropriate application before the Hon'ble Administrative Judge to hear and decide his appeal-cum- petition on merits. Disposed of. Dasti. January 05, 2011. ( SURYA KANT ) dinesh JUDGE