IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.204 of 2011 Decided on: 11.11.2011 Kundan Singh ….. Appellant. Versus State of H.P. and others ….Respondents. Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the appellant: Mr.Hamender Chandel, Advocate. For the respondents: Mr. R.K. Bawa, A.G with Mr.Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy. A.G. for respondents No.1 to 3. Ms.Priyanka Chauhan, Advocate, for respondents No.4 to 6. Justice Kurian Joseph, C.J. (Oral): The respondent in the Civil Review (T) No.68 of 2008 is the appellant. The respondent had approached the Tribunal challenging the appointment of the review petitioner to the post of Part Time Water Carrier on the grounds that he is involved in criminal case and wherein he had been charge sheeted under Sections 362 and 376 IPC. The Tribunal had allowed the application. However, the review petitioner approached the Tribunal by way of review and on abolition of the Tribunal, the review petition was transferred to this Court and this Court on 29.10.2010 allowed the review petition on the strength of a letter dated 30.9.2001, which apparently indicated that the FIR had been cancelled. It is seen from the proceedings that the FIR had not been cancelled as can be seen from the zimni orders of JMIC, Court No.II, Paonta Sahib. It appears, the learned Single Judge has been misled. Therefore, interest of justice would require that the review petition is heard afresh. 2. In that view of the matter, we set aside the order dated 29.10.2010 in Civil Review (T) No.68 of 2008. The learned Single Judge, we expect, would go into the question as to what was the letter shown before the Court so as to record a finding that the FIR had been cancelled and whether there has been attempt on the part of the review petitioner to interfere with the due course of justice, in which case appropriate action in that regard will also be 2 taken. Post the review petition for hearing before the learned Single Judge on 21.11.2011. 2. The appeal stands disposed of accordingly, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja), November 11, 2011 Judge (tilak)