Shiv Kumar vs State of Himachal Pradesh and Another

Rajiv Sharma, J.—Petitioner is aggrieved by the issuance of Annexures A-8, A-11 and A-12 dated 19.2.1999, 19.6.2000 and 20.7.2000, respectively. The services of the Petitioner were terminated vide Annexure A-8 by invoking sub rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 on 19.2.1999. Petitioner preferred an appeal against the same on 23.4.1999 to the Commissioner-cum-Secretary (GAD). The Commissioner-cum-Secretary (GAD) informed the Secretary to Hon''ble Governor on 19.6.2000 that no appeal lies in this case. Thereafter the Petitioner

2 was also informed by the Commissioner-cum-Secretary to Hon''ble Governor on 20.7.2000 that no appeal lies in this case. Petitioner was informed that he could make a representation. Accordingly, he made representation to the Chief Secretary to Government of Himachal Pradesh after the receipt of Annexure A-12. The same has not been decided till date. Once the Petitioner has been permitted to make a representation instead of appeal, the same ought to have been decided in accordance with law by passing a speaking order.

. Accordingly, the petition is disposed of with a direction to the Chief Secretary to decide the representation made vide Annexure A-13 by the petition, within a period of two months, from the date of production of certified copy of this judgment by the Petitioner. No costs.