( 2026:HHC:29378 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.11258 of 2026 Decided on: 17th July, 2026 Naveen Thakur ....Petitioner versus HRTC and others ...Respondents Coram Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 ____________________________________________________________ For the petitioner: Mr. Ashish Verma, Advocate. For the respondents: Mr. Raman Jamalta, Advocate. Jiya Lal Bhardwaj, Judge (Oral) The petitioner feeling aggrieved by the order dated 29.01.2026 passed by the Regional Manager, HRTC Karsog, whereby the penalty of stoppage of one increment for a period six months without cumulative effect has been imposed upon him, had preferred the appeal before the Appellate Authority i.e. respondent No.2, who vide office order dated 20.04.2026 has rejected the same on the ground that the same is not within the stipulated time period i.e. 45 days from the date, on which, the penalty order has been passed. 2. Keeping in view the order proposed to be passed in the present petition, no reply is sought from the respondents. 1 Whether the reporters of Local Papers may be allowed to see the judgment? ( 2026:HHC:29378 ) 2 3. The petitioner had availed the statutory remedy of an appeal against the penalty imposed upon him. Respondent No.2 has taken a very hyper technical view to dismiss the appeal, rather than adjudicating the same on merits. Since the fundamental right of the petitioner has been infringed and his appeal has not been decided on merits, the very purpose of providing the remedy of appeal is frustrated and, therefore, without going into the merits of the case, the order dated 20.04.2026 passed by respondent No.2 is quashed and set aside, with a direction to the said authority to decide the appeal preferred by the petitioner on merits. 4. Consequently, the present petition is disposed of with a direction to respondent No.2 to decide the appeal preferred by the petitioner against the order of penalty imposed upon him vide office order dated 29.01.2026 on merits. However, it is made clear that the Court has not expressed any opinion on the merits of the case. Pending applications, if any, also stand disposed of. ( Jiya Lal Bhardwaj ) 17th July, 2026 Judge (naveen)