IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 6051 of 2008. Decided on: 19.06.2010. __________________________________________________________ Sheru Ram. … Petitioner. Versus State of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner : Ms. Sunita Sharma, Advocate vice Ms. Ranjana Parmar, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General. Rajiv Sharma, J. (Oral): Disciplinary proceedings were initiated against the petitioner vide Annexure A-1, dated 19.11.1996. The Additional Excise and Taxation Commissioner, Headquarter, Himachal Pradesh conducted the inquiry. He submitted the inquiry report to the disciplinary authority, dated 15th May, 1997. The disciplinary authority imposed the penalty upon the petitioner on 4th August, 1997. He imposed the penalty of reduction of pay to lower stage of Rs.2000/- from Rs.2200/- with effect from 1.1.1997 in the time scale for a period of three years with cumulative effect. Petitioner preferred an appeal to the Secretary (Excise & Taxation) vide Annexure A-10 in the year 1999 against the 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - order dated 4th August, 1997. The case of the respondent-State is that the petitioner has no legal right to file the petition. The fact of the matter is that the petitioner was entitled to assail office order dated 4th August, 1997 by way of appeal. 2. Consequently, the petition is allowed. The respondents are directed to consider and decide the appeal preferred by the petitioner vide Annexure A-10 in accordance with law. The appellate authority shall take into consideration all the pleas raised in the appeal (Annexure A-10) while deciding the appeal. The decision shall be taken by the appellate authority on merits since he has power to condone the delay while preferring an appeal after the prescribed period. He shall pass a speaking order. Needful be done within a period of eight weeks. There will be no order as to costs. (Rajiv Sharma), Judge. June 19, 2010. (sck).