Himachal Pradesh High Court
CWPOA/12251/2008 on 29 December 2011
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
C.W.P. (T) No. 12251 of 2008.
Decided on 29th December, 2010. _____________________________________________________ Dr. (Mrs.) Kalpana. …Petitioner.
-Versus-
State of Himachal Pradesh and another.
…Respondents.
Coram:
The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Umesh Kanwar, Advocate vice
Mr. Dilip Sharma, Advocate.
For the respondents. : Mr. Vinod Thakur, Deputy
Advocate General with Mr. R.P.
Singh, Assistant Advocate
General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral):
The penalty of ‘Dies Non’ for the period w.e.f. 26.12.2002 to 31.03.2003 was imposed upon the petitioner vide Annexure A-17, dated 11.06.2004. Petitioner filed a review petition before the Secretary (Health), Government of Himachal Pradesh against the order dated 11.06.2004. However, the same has been rejected vide Annexure A-19, dated 14.10.2004 without a speaking order. Once the petitioner has filed a review petition, the same was required to be decided by passing a speaking/detailed order, after taking into consideration the grounds/pleas taken therein.
2. Accordingly, the petition is allowed. Annexure A-19, dated 14.10.2004 is quashed and set aside. The Principal 1 Whether the reporters of the local papers may be allowed to see the judgment?. NO.
Secretary (Health), Government of Himachal Pradesh is directed to decide the review petition filed by the petitioner afresh by passing a speaking/detailed order, within a period of two months from the date of production of a certified copy of this judgment by the petitioner. No costs.
(Rajiv Sharma)
Judge December 29, 2010. (bhupender)
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