IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15087/2026 Decided on: 31.08.2026 Lalit Kumar …Petitioner Versus H.P. State Cooperative Bank Ltd. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar, Advocate. For the respondent: Mr. Sunil Mohan Goel, Sr. Advocate with Mr. Raman Jamalta, Advocate. Jyotsna Rewal Dua, J. Mr. Raman Jamalta, learned counsel, accepts notice on behalf of the respondent. 2. Petitioner seeks direction to the respondent-Bank to permit him to continue to serve at his present place of posting i.e. District Office Mandi-I pending disposal of the appeal filed by him before the Board of Directors. In a case of fraud and embezzlement of funds, after initiating disciplinary proceedings against the petitioner, the respondents issued an office order dated 04.08.2026, holding the petitioner guilty of major misconduct and imposing the 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 penalty of reverting him to the post of Assistant Manager with immediate effect, barring him from promotion to the next higher post for a period of five years, to be reckoned from the date of the order, and also withholding five increments with cumulative effect. Further, the petitioner was ordered to be posted at the Branch Office Spillow with immediate effect. It is not in dispute that the petitioner has a remedy of statutory appeal against the impugned order, which he has availed by preferring statutory appeal under Rule 64 of the Himachal Pradesh State Cooperative Bank Employees Service (Terms of Employment and Working Conditions) Rules, 1979, which reads as under: - “CHAPTER-14 APPEALS 64 (a) Except in the case of a character roll warning consure or fine an appeal shall lie against every order awarding a punishment to the competent appellate authority shown in the table below. Rank of appellant employee Stoppage of increment of promotion Reversion Dismissal or Termination of discharge 1. In Special Grades and Grade-I RCS RCS RCS 2. In Grades II, III and IV BOD BOD BOD 3. Subordinate Employee Managing Director Managing Director Managing Director (b) Every appeal shall be presented to the appellate authority prescribed in these rules within 30 days of the date on which the order appealed against was communicated to the party affected by the order. No appeal shall be entertained after the above period of limitation of 3 30 days. An appeal shall be deemed to be properly presented if it is given to the head of the office where the employee was working.” The petitioner has invoked the above Rule and preferred his appeal against the order dated 04.08.2026. Learned Counsel for the petitioner submits that along with the appeal, the petitioner has also moved a separate application for grant of interim relief against the impugned order dated 04.08.2026, which, apart from imposing punishment upon the petitioner, also transfers him to Branch Office Pangi with immediate effect. Placing reliance upon Dr. Sudhir Chandra Neogy vs. Calcutta Tramways Company Limited2 learned Counsel further submits that in view of 30-day limitation period provided under Rule 64 for preferring an appeal, the impugned order dated 04.08.2026 could not have been brought into force with immediate effect. Therefore, it is required to be stayed pending consideration of the appeal. 3. Since the petitioner has already invoked the statutory remedy of appeal before the Board of Directors of the respondent- Bank, along with an application seeking stay of the impugned order dated 04.08.2026, to the extent of the transfer order contained therein, at the Branch Office Spillow in District Kinnaur, this writ petition is disposed of with direction to the Appellate Authority to 2 AIR 1960 Calcutta 396 4 consider and pass appropriate order on the interim relief sought by the petitioner against the impugned order within seven days from today, in accordance with law. Efforts be also made to expedite the hearing of the appeal. The instant petition to stand disposed of in above terms. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 31st August, 2026(rohit)