CWP(T) No. 11128 of 2008 01.09.2010 Present: Mr. A. K. Gupta, Advocate, for the petitioner. Mr. Ram Murti Bisht, Deputy Advocate General for respondents No. 1 to 3. Mr. P. P. Chauhan, Advocate, for respondent No. 4. Mr. A. K. Gupta, learned counsel under instructions from the petitioner submits that he does not press the present petition but seeks liberty to file an appeal before the appropriate forum. 2. Liberty granted. Petitioner undertakes to file an appeal within a period of four weeks from today. The question of limitation shall not come in the way of the petitioner. The appellate authority shall decide the same by passing a speaking order and, if required, afford opportunity of hearing/representation to the petitioner. The order shall be communicated to the petitioner immediately. Needless to add it shall be open for the petitioner to raise all grounds including that of proportionality of quantum of penalty which shall be dealt with by the appellate authority, in accordance with law. 3. Considering that the matter in dispute pertains to the year 2004 the appellate authority shall decide the appeal expeditiously and preferably within a period of three months from the date of filing of the appeal. With the aforesaid observations the present petition stands disposed of. (Sanjay Karol), Judge. September 1, 2010 (PK)