IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2658 of 2008. Decided on: 04.03.2009. Shri Lubhaya Ram. … … Petitioner. Versus H.R.T.C. and Others. … … Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 Yes. For the petitioner: Mr. Dilip Sharma, Advocate. For the Respondents: Mr. Adarsh Sharma, Advocate. Rajiv Sharma, Judge (Oral): The disciplinary proceedings were initiated against the petitioner. The Inquiry Officer was appointed. The Inquiry Officer submitted his report to the disciplinary authority. The disciplinary authority imposed the penalty of removal from service on the petitioner. He preferred an appeal before the Appellate Authority. The same was not decided by the appellate authority. He approached the H.P. State Administrative Tribunal by way of O.A. No.443 of 1995. The learned Tribunal directed the Managing Director to decide the representation/appeal vide order dated 28th March, 1995. The Managing Whether reporters of local papers may be allowed to see the judgment? Yes. - 2 - Director decided the appeal on 14th June, 1995 vide Annexure P-E. A bare perusal of order Annexure P-E shows that the same is non- speaking. It is settled law by now that the Appellate Authority while dealing with and deciding the appeal has to take into consideration the grounds mentioned in the appeal and thereafter pass a reasoned and speaking order as has been held by their Lordships of the Hon’ble Supreme Court in Narinder Mohan Arya Versus United India Insurance Co. Ltd. and Others, (2006) 4 SCC 713, State of Uttaranchal and Others versus Kharak Singh (2008) 8 SCC 236 and in a latest judgment rendered in Roop Singh Negi versus Punjab National Bank & Others, 2009 (1) Scale, 284. Accordingly, in view of the ratio of law laid down by their Lordships in the above cited decisions the petition is allowed. Impugned order, Annexure P-E, dated 14th June, 1995 is quashed and set aside. The Appellate Authority, i.e. the Managing Director is directed to re-hear the appeal after hearing the petitioner as well. The Appellate Authority shall pass a speaking order within a period of eight weeks from today. However, there shall be no order as to costs. March 04, 2009. (Rajiv Sharma) (sck). Judge.