IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2483 of 2011 Decided on: 5th July, 2011. Krishna Verma. Petitioner. Versus State of H.P. & others. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Neel Kamal Sood, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner has challenged the disciplinary proceedings initiated against her culminating into Annexure P-7, order passed by the Appellate Authority. The penalty of withholding of two annual increments with cumulative effect has been imposed and the period of absence was ordered to be treated as dies non. The same has been upheld by the Appellate Authority. Though several contentions are taken, the only contention which weighed with the Court while taking up the writ petition on 26th April, 2011, as recorded by the Court, is that the petitioner was not given an opportunity of hearing before the Appellate Authority and 2 hence she could not avail the opportunity of making an attempt for change of heart. There is no specific reply on this aspect. In the above circumstances, we are of the view that the petitioner be given an opportunity of personal hearing before the Appellate Authority. Therefore, we set aside Annexure P-7 passed by the Appellate Authority. There will be a direction to the Appellate Authority to consider the appeal afresh after affording an opportunity of hearing to the petitioner. This shall be done within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner, before the Appellate Authority. 2. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 5th July, 2011. (Justice Sanjay Karol), (tr) Judge. 3