IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4583 of 2008. Decided on 25th August, 2010. _____________________________________________________ Shri Nazakat Ali Hashmi …Petitioner. -Versus- Himachal Road Transport Corporation and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Onkar Jairath, Advocate. For the respondents. : Mr. Adarsh Sharma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner is aggrieved by the issuance of Annexure A- 10, dated 13.10.1997. However, fact of the matter is that the petitioner has not preferred any appeal against this order before the competent authority, i.e., Managing Director of the respondent-Corporation. In the peculiar facts and circumstances of the case, since the livelihood of the petitioner is affected, he is permitted to file an appeal before the Managing Director of the respondent-Corporation against the order dated 13.10.1997 (Annexure A-10). The appeal shall be preferred by the petitioner within a period of three weeks from today. Thereafter, the Managing Director of the respondent-Corporation shall decide the same by passing a speaking order, within a further period of ten weeks after the receipt of a certified copy of this judgment. The appellate authority, while considering the grounds of appeal/pleas raised by the petitioner, shall also take into consideration that the penalty of termination imposed upon the petitioner is, prima-facie, 1 Whether the reporters of the local papers may be allowed to see the judgment? No. harsh and oppressive. It is made clear that the ground of limitation will not come in the way of the petitioner in filing appeal. Moreover, the petitioner has been pursuing his remedy since 1997 and is entitled to take benefit of Section 14 of the Limitation Act. 2. With the aforesaid observations/directions, the petition stands disposed of, so also the pending application(s), if any. (Rajiv Sharma) Judge August 25, 2010. (bhupender)