CIVIL WRIT PETITION NO.11514 OF 2010 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 10, 2011 Dr. Karan Singh .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Abhishek Sethi, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner joined Haryana Civil Medical Service on regular basis on 2.1.1986. The petitioner, by now, has 25 years of service which, according to him, is unblemished and meritorious. The petitioner also claims to have earned good A.C.Rs. One patient, named, Maidhan son of Sh.Ram Sharan, was medico-legally examined by one Dr.Vinod Kumar Yadav, Medical Officer. Six injuries suffered by the said patient were described by the doctor, out of which injuries No.1 to 4 were on the skull of the patient, for which x-ray examination was advised. Though, the patient was not examined by the petitioner but he had given his opinion on the x- CIVIL WRIT PETITION NO.11514 OF 2010 :{ 2 }: ray films on 15.9.1998. The petitioner observed and reported fracture/bony injuries on the left forearm and left leg but he did not observe any bony injury of the skull in the x-ray and accordingly, he did not reported so. The patient was then re-examined at Pandit Bagwat Dyal Sharma, Post Graduate Institute of Medical Sciences, Rohtak, under the orders of the Court. There he was again subjected to x-ray and fracture of skull was observed. After 5 years of this incident, the petitioner was served a charge-sheet on 13.2.2003. Two years thereafter one Dr.Rajinder Goel was appointed as Enquiry Officer. The petitioner, however, was not conveyed the outcome of the enquiry and was straightway served with a copy of dissent note on 28.8.2006, proposing punishment of stoppage of two annual increments on him. The petitioner made representation against the same. The respondents, however, without dealing and considering the points raised in the representation made by the petitioner, imposed a punishment of stoppage of two annual increments with cumulative effect on 9.11.2009. The petitioner has accordingly filed this writ petition to challenge the said punishment. The primary grievance of the petitioner is that though he was served with the dissent note by the Punishing Authority but the enquiry report given by the Enquiry Officer, which was dissented, was never supplied to him. Obviously, need to record dissent note must have arisen due to the petitioner having been exonerated by the Enquiry Officer. That being so, the petitioner was deprived of the reasoning in the enquiry report recorded to exonerate the petitioner. CIVIL WRIT PETITION NO.11514 OF 2010 :{ 3 }: Mr.Rathee has pointed out that copy of the enquiry report indeed was supplied to the petitioner. The counsel also points out that the petitioner has approached this Court without availing the alternative remedy of filing an appeal. Counsel for the petitioner, however, maintains that no remedy of appeal is provided in such like cases against Class I Gazetted Officer. This, however, is contested by Mr.Rathee, who has referred to the contents of the reply filed. A specific averment has been made in the reply that the petitioner has not availed the remedy of appeal as provided under Chapter-III (Appeal, Revision etc.), Para 22(8)Memorials of Haryana Government Law and Legislative Departments guidelines before filing the present writ petition. The respondents have clearly conceded that remedy of appeal is available to the petitioner. If that be so, it would be appropriate to relegate the petitioner to the remedy of filing an appeal against the impugned order. It is so ordered. The petitioner may be supplied with the copy of the enquiry report so as to end the controversy that the same was earlier supplied to him or not. With the above observations, the writ petition is disposed of. If the petitioner is still left with any grievance against the final order passed, he would be at liberty to approach any appropriate Forum in accordance with law. August 10, 2011 (RANJIT SINGH ) khurmi JUDGE