CWP(T) No. 15044 of 2008 12.11.2009 Present: Mrs. Ranjana Parmar, Advocate, for the petitioner. Sh. R.K. Sharma, Senior Additional Advocate with Mr. J.K. Verma and Mr. Anil Jaswal, Deputy Advocate Generals, for the respondents. The petitioner has challenged the issuance of memorandum dated 22nd December, 2006. The same was stayed by the learned H.P. State Administrative Tribunal on 15.5.2007. However, in view of definitive law laid down by their Lordships of the Hon'ble Supreme Court in Chanan Singh versus Registrar, Cooperative Societies, Punjab and Others, (1976) 3 SCC 361, the charge-sheet should not have been stayed by the Tribunal. The petitioner cannot presume that the respondents shall not take inot consideration his reply before inflicting any penalty upon him. Consequently, the interim order dated 15.5.2007 is vacated. The respondents are, however, directed to complete the disciplinary proceedings against the petitioner within a period of six months from today. The petitioner shall be given reasonable opportunity to defend himself during the course of disciplinary proceedings. With the aforesaid directions/observations, the petition stands disposed of. (R.B. Misra), Acting Chief Justice. (Rajiv Sharma), Judge. November 12, 2009 bhupender