Ramesh Chand vs State of H.P. and Others

Kurian Joseph, C.J.—The petition has been filed with the following prayer:

(i) A writ in the nature of certiorari may very kindly be issued and the impugned order Annexure P-11 dated 5.7.2010 and Annexure P-8 dated 4.6.2010 may very kindly be quashed and set aside.

Annexure P-11 is show cause notice but apprehension of the petitioner is that the authority having entered into certain findings referred that he agrees with the report of the enquiry thus in show cause notice finality has been given. We are afraid that this contention cannot be appreciated. What has been stated in Annexure P-11 can only to be the tentative views of the authority, those are not findings. It will certainly be open to the petitioner to dislodge the views taken by the authorities by submitting a proper explanation with regard to the merits of Annexure P-8 enquiry report. That reply may be filed within ten days. It is made clear that the matter shall be considered with respect to the submissions made by the petitioner in the reply and thereafter the third respondent shall pass a reasoned order within two weeks. It is made clear that in case no orders have been passed as on today pursuant Annexure P-8, further proceedings shall be deferred till such orders are passed. We also make it clear that it is open to the petitioner to take all other available contentions also before the third respondent.

Copy dasti.