IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4432/2009 Decided on: 12.3. 2010. Subhadra Chandel. ...Petitioners. Versus State of Himachal Pradesh and others. ... Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice R.B. Misra, Judge. Whether approved for reporting?1 Yes. For the Petitioner : Mr. P.P. Chauhan, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. J.K. Verma, Deputy A.G. Justice Kurian Joseph, C.J. (Oral): Petitioner has prayed for the following reliefs: (a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 07.08.2009 being Annexure P-14 of the writ petition, as unconstitutional and illegal and contrary to the law; (b) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent No. 3 to release the salary of the post of Centre Head Teacher to the petitioner from Jul, 2008 till date with arrears thereof alongwith interest thereon @18% pa; We find from Annexure P-4 that articles of charge is that she has been proceeded against only because she approached the Court and obtained the stay. No authority can find fault with a citizen of this country Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 for availing a constitutional remedy. We find that the language of the article of charges is infelicitous. There is no question of any person succeeding in obtaining a stay. The petitioner only approached the Court and the Court having regard to the facts and circumstances of the case granted the stay. That cannot be an act of insubordination or misconduct. No rule is prescribed in that any employee seeking constitutional remedy available to him, should obtain prior permission. Therefore, we quash Annexure P-14. In case any salary has been withheld on account of Annexure P-14, the same shall be disbursed within a period of two weeks from the date of production of the copy of the judgment. Writ Petition is closed, so also the pending application. (Justice Kurian Joseph), Chief Justice. (Justice R.B. Misra) Judge. March 12, 2010. *awasthi*