Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 2165 (HP)

SAHIB SINGH v. STATE OF HIMACHAL PRADESH

2016-10-04

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2016
JUDGMENT : Mansoor Ahmad Mir, J. CMP No. 8150 of 2016 1. This application has been filed by the appellant for early hearing of the appeal. Allowed and the appeal is taken up for hearing forthwith, with the consent of the learned counsel for the parties. LPA No.546 of 2011 2. This appeal is directed against the judgment, dated 18th July, 2011, passed by a learned Single Judge of this Court in CWP-T No.83 of 2009, titled Sahib Singh v. State of H.P. and others, whereby the writ petition came to be dismissed, (for short, the impugned judgment). 3. During the course of hearing, on query, Mr. J.K. Verma, learned Deputy Advocate General, frankly conceded that the learned Single Judge has not discussed the facts of the case and the impugned judgment is non-speaking one. 4. We have gone through the impugned judgment, apparently the same is non-speaking and is required to be set aside. 5. Having said so, the appeal is allowed, impugned judgment is set aside, the writ petition is restored to its original number and transferred to the State Administrative Tribunal for decision. Parties, through their counsel, are directed to cause appearance before the Tribunal on 1st November, 2016. The Registry is directed to send the record forthwith. Registry to maintain the index. 6. Pending CMPs, if any, also stand disposed of.