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Ram Pal Sharma vs Himachal Pradesh State Industrial Development Corporation Ltd

High Court Of Himachal Pradesh · Decided on 21 September 2020 · Citation: (2020) 09 SHI CK 0353

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1891 Of 2020
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Judgment

7 paragraphs · 315 words

Sandeep Sharma, J

1.

By way of instant petition, challenge has been laid to order dated 23.6.2020 (Annexure P-3), whereby major penalty of reduction in rank from the post of Deputy Manager to that of Senior Assistant has been imposed upon the petitioner in the departmental proceedings by the Disciplinary Authority.

2.

Having taken note of the fact that there is an alternative remedy of appeal available to the petitioner, whereby he could always lay challenge to the aforesaid order imposing major penalty imposed by Disciplinary Authority, this Court finds sufficient force in the submission of learned Counsel appearing for the respondent that present petition is not maintainable.

3.

Though, having perused the material available on record, this Court finds that Disciplinary Authority on the basis of preliminary enquiry served charge sheet upon the petitioner but subsequently, despite there being specific denial on behalf of the petitioner to the charges framed against him in the charge sheet, proceeded to impose penalty upon him, on the basis of his alleged apology in the preliminary enquiry but since order imposing major penalty is appealable, there appears to be no justification for allowing petitioner to approach this Court directly without availing the remedy of statutory appeal.

4.

Consequently, in view of above, present petition is disposed of with liberty to the petitioner to file appropriate appeal before appellate authority against the impugned order within a period of two weeks from today. Till the time appeal of the petitioner is decided, no promotions to the post of Deputy Manager shall; be made by the respondent. However, this interim protection shall apply only in case, appeal, if any, is filed within two weeks. In the event of appeal being filed within two weeks, appellate authority shall decide the same within further period of four weeks.

5.

Petition stands disposed of in the aforesaid terms, alongwith all pending applications.

Copy Dasti.