THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.83 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
09.11.2018 passed in W.P.No.21015 of 2011 by the learned
Single Judge.
The facts of the case reveal that the respondent before
this Court was appointed on 23.03.2005 and he was absent unauthorisedly. A departmental enquiry took place and an order of removal was passed on 04.05.2005. He preferred an appeal and the same was dismissed on 26.07.2005. Thereafter, he preferred a review and the reviewing authority has directed his reinstatement as a fresh Driver by order dated 19.08.2005.
The employee in question came up before this Court stating that the punishment is shockingly disproportionate to the alleged misconduct. In those circumstances, the learned Single Judge has remanded back the matter to the reviewing authority to examine the records and to determine the appropriate punishment keeping in view the regulations governing the field.
In the considered opinion of this Court, the learned Single Judge has rightly remanded back the matter to the reviewing authorities to reconsider the same on the ground of 2 quantum of punishment. Therefore, this Court does not find any reason to interfere with the order passed by the learned Single Judge.
Accordingly, the writ appeal is dismissed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 13.12.2021 ES