REVIEW PETITION 12251 of 2008 on 26 December 2002

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

C.W.P. (T) No. 12251 of 2008.

Decided on 29[th] 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 1Whether 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.

December 29, 2010. (bhupender)

(Rajiv Sharma) Judge