Som Prakash vs State Of Himachal Pradesh & Ors
2021 Latest Caselaw 3371 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                        CWPOA No. 5606/2020
                                        Decided on: 02.08.2021
    _______________________________________________________________




                                                                           .
    Som Prakash                                   .....Petitioner





                            Versus

    State of Himachal Pradesh & Ors.             ......Respondents





    _____________________________________________________________
    Coram
    The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
    1
      Whether approved for reporting?





    For the petitioner:                         Mr. Vikrant Thakur, Advocate.

    For the respondents:          Mr. Arvind Sharma, Addl. AG with
                                  Mr. Amit Dhumal, Dy. AG.
    ______________________________________________________________

    Chander Bhusan Barowalia, Judge (oral)

Today, when the case was taken up for hearing, it is

brought to the notice of this Court that in the present case no

appeal has been preferred by the petitioner before the

competent authority and the appeal against the impugned order

of compulsory retirement, passed by Superintendent of Police,

District Sirmaur at Nahan, lies against the next higher officer.

2. Mr. Vikrant Thakur, learned counsel appearing on

behalf of the petitioner prays that the next higher authority may

be directed to treat the present petition, as an appeal and

further directed to pass a reasoned order after hearing the

petitioner and taking into consideration the fact that the

petitioner is having minor children and the mis­conduct was not

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

that grave. Learned Additional Advocate General states that

appropriate orders may be passed in the matter.

3. After hearing the learned counsel for the parties,

.

the present petition is disposed of with a direction to the

appellate authority to consider the present petition as an

appeal, as per the Police Rules and pass a reasoned order, by

affording an opportunity of being heard to the petitioner, within

a period of 90 days from the date, petitioner appears before him

r to alongwith copy of this order and formal application.

4. The petition, so also pending application(s), if any,

stand(s) disposed of.

(Chander Bhusan Barowalia)

Judge

2nd August, 2021

(raman)