1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 3766 of 2008 Date of decision: 26.10.2010 Pritam Chand Patial ….. Petitioner. Vs. State of H.P. and another …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. J.K. Verma, Dy. Advocate General. Justice Kurian Joseph, C.J. (Oral) The petition is filed with the following prayers:- “(i) That the impugned Annexures A-3, A-4, A-7 and A- 11, dated 6.4.1995, 20.4.95, 19th April, 1996 and 3.8.96 respectively may be quashed and set aside; (ii) That the respondents may be directed to open the sealed cover and to consider the case of the applicant for confirmation as Inspector from the due date; (iii) That the respondents may further be directed to consider the case of the applicant for promotion to the post of Deputy Superintendent of Police after confirming him from the due date with all consequential benefits like seniority, arrears of salary etc.; (iv) That the respondents may further be directed to drop the departmental proceedings against the applicant on the basis of Annexures A-3 & A-4, dated 6.4.1995 and 20.4.1995 respectively. 2 In the reply at para 6(6), it is stated as follows:- “In reply to this para it is submitted that on 1.4.95 when two companies of India Reserve Battalion under command of Inspector Pritam Chand Patial (applicant) and Mohinder Singh were returning after election duty from Bihar by train an incident took place at Ambala Cantt Railway Station at about 10 P.M. which led to registration of case FIR No.151/95 dated 2.4.95 under section 323 IPC and 145/146 Indian Railway Act, Police Station Government Railway Police, Ambala Cantt in which the Railway Police arrested served Personnel of IRB H.P. Inspite of the fact that seven constable of I.R.B. have been arrested at Ambala the applicant and another company commander left Ambala for Battalion Headquarters and left the Constables to their destiny. For this gross negligence in performance his duty and shirking responsibility, a regular departmental enquiry was ordered against him vis-à-vis the other company commander on 20.4.95.” 2. In view of the stand taken in the reply as above and in view of the intervening developments, in case, the petitioner has still any grievance left, he may approach the 1st respondent, in which case, the 1st respondent will look into the matter and take appropriate action in accordance with law and justice within four months from the date of production of a copy of this judgment alongwith copy of writ petition by the petitioner. 3. The petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh), Judge October 26, 2010 (sks/grs)