Mahender Kumar vs State of H.P. and Others

Kurian Joseph, C.J.—Annexure P-8, order passed by the first respondent is under challenge. The main grouse is that no opportunity of being heard was given to the petitioner. The issue pertains to the disciplinary proceedings initiated against the petitioner and, thereafter, the penalty of compulsory retirement imposed upon him. Since the Financial Commissioner has interfered with the order of punishment, it will be appropriate that the petitioner be also given a chance to pursue his case before the Financial Commissioner. Therefore, without expressing any opinion on the merits of the case, Annexure P-8 is quashed with direction to the Financial Commissioner to consider the matter afresh with notice to the petitioner and pass appropriate order in the matter within a period of three months from the date of production of copy of this judgment along with copy of the writ petition by the petitioner. In order to avoid any possible dispute regarding service of notice, petitioner may appear before the first respondent on 20.9.2010 at 2.00 P.M., on which date or any other date to be fixed by the Financial Commissioner, an opportunity for hearing will be given to the petitioner.

Copy dasti.