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Himachal Pradesh High Court · body

2011 DIGILAW 523 (HP)

Anju Pandit v. State of H. P.

2011-02-22

KURIAN JOSEPH, SANJAY KAROL

body2011
JUDGMENT Kurian Joseph, C.J. Challenge is on Annexure P-10, order passed whereby the petitioner has been dismissed from service. It is seen from the impugned order that the order happened to be passed since the petitioner failed to either appear for hearing or make representation. According to the petitioner, she did not get an opportunity since the notice itself in that regard was received belatedly. Be that as it may. The petitioner has filed an appeal Annexure P-11. Since the appellate authority is bound to consider the matter on merits, it is only appropriate that the entire contentions are considered by the appellate authority. In that view of the matter, there will be a direction to the first respondent to consider Annexure P-11 on merits and the petitioner is free to take all the available contentions before the first respondent. The first respondent shall advert to all those contentions and pass orders. In case the petitioner requests for an opportunity of personal hearing, the same shall also be granted. The order, as above shall be passed within a period of three months from the date of production of the copy of this judgment alongiwth a copy of the Writ Petition. 2. The Writ Petition is disposed of, so also the pending application(s), if any.