High CourtsSingle Bench(2011) 12 SHI CK 0074

Dr. N.K. Vaidya vs State of Himachal Pradesh, Director of Health Services, Himachal Pradesh, Shimla-9 and Chief Medical Officer, Mandi, Distt. Mandi, H.P.

High Court Of Himachal Pradesh · Decided on 14 December 2011

HON’BLE JUDGES
Sanjay Karol, J
CASE NUMBER
CWP (T) No. 12575 of 2008

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Judgment

4 paragraphs · 222 words

Justice Sanjay Karol, J.—Petitioner claims benefit of order dated 25.3.2004 (Annexure PD) passed by the erstwhile Himachal Pradesh Administrative Tribunal in OA(M) No. 180 of 2003 as also judgment dated 18.4.2011 passed by this Court in CWP(T) No. 14394 of 2008, titled as Dr. Jagat Ram Thakur vs State of H.P. and others, copy of which is taken on record.

2.

It is the petitioner''s grievance that vide order dated 7.12.2004 (Annexure PA) his pay, without affording any adequate opportunity of hearing/show cause, stands reduced and recovery of the amount already released to him is sought to be affected. In similar circumstances, action of the State was set aside vide order dated 25.3.2004 (Annexure PD) and also this Court in Jagat Ram (supra).

3.

As to whether order dated 25.3.2004 has attained finality or not is not evident from the record. As such, respondent No. 1 is directed to look into the matter and take appropriate action by taking into account order dated 25.3.2004 or order passed in any subsequent proceedings as also the applicability of the ratio of law laid down by this Court in Jagat Ram (supra). Decision shall positively be taken within a period of three months from the date of receipt of certified copy of the judgment.

Petition stands disposed of, so also the pending application(s), if any.