CWP No.11922 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11922 of 2009 (O&M) Date of Decision: 27.08.2010 **** Dalbir Singh . . . . Petitioner VS. State Bank of Patiala & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Gunjan Mehta, Advocate for the petitioner Mr. H.N. Mehtani, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner is aggrieved by the order dated 05.05.2009 (Annexure P16) passed by respondent No.3 vide which he has been dismissed from service. (2). Notice of motion was issued and in response thereto, respondents have filed their reply/affidavit. CWP No.11922 of 2009.doc - 2 – (3). In the light of the objection raised by the respondents, learned counsel for the petitioner fairly states that though there is a remedy of departmental appeal available to the petitioner but the limitation period of 45 days to file such an appeal has already expired. (4). Having regard to the fact that the petitioner has approached this Court at the earliest, the writ petition is dismissed as having been withdrawn with liberty to the petitioner to file the departmental appeal within a period of one month from the date of receipt of a certified copy of this order. It is directed that in case the petitioner files such an appeal within the time granted, the Appellate Authority shall decide the same on merits in accordance with law without entertaining the objection of limitation, the appeal shall be decided within a period of three months from the date of its filing and after affording an opportunity of personal hearing to the petitioner. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 27.08.2010 vishal shonkar