High CourtsDivision Bench

Sunil Mohan Pathak vs HRTC and Others

High Court Of Himachal Pradesh · Decided on 23 April 2010 · Citation: (2010) 04 SHI CK 0182

HON’BLE JUDGES
Kurian Joseph, C.J · R.B. Misra, J
CASE NUMBER
CWP No. 1575 of 2010
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Judgment

9 paragraphs · 214 words

Kurian Joseph, C.J.

CMP No. 2200 of 2010

1.

Allowed. The application is disposed of.

CWP No. 1575 of 2010

2.

The writ petition is filed with the following prayers:

i) That a writ in the nature of Certiorari may kindly be issued against the Respondents by quashing and setting aside the impugned order Office Order Dated 29.1.201 Annexure P-5.

ii) That a writ in the nature of Mandamus or any other appropriate writ or direction may been issued directing the Respondent No. 2 to decide the appeal after taking into consideration the entire facts and circumstances of the case.

3.

Having heard learned Counsel on both the sides, we find that the Appellate Authority has not adverted to the contentions taken by the Petitioner while passing the order in appeal. Therefore, we set-aside the appeal-order, Annexure P-9. There will be a direction to the Appellate Authority to pass fresh orders in the matter adverting to all the contentions taken by the Petitioner. This shall be done within a period of two months from the date of production of copy of this judgment. In case, the Petitioner wants opportunity for hearing, the same shall also be granted.

4.

With these observations, the writ petition is disposed of, so also the pending application(s), if any.