THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.607 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellants (respondents No.1 to 3 in W.P.No.341 of 2015)
are aggrieved by the order dated 12.06.2019, passed by the learned Single Judge, allowing the wit petition filed by the respondent No.1/writ petitioner, praying inter alia for quashing the order dated 06.05.2013, passed by the appellate authority, as violative of the principles of natural justice.
2. In the impugned order, the learned Single Judge has observed that in the instant case, the disciplinary authority has neither furnished any reasons for arriving at the conclusion that the respondent No.1 deserves to be awarded a major punishment of removal from service, nor has it examined the proportionality of the punishment before imposing the major punishment of removal from service. As a result, the impugned order of dismissal from service, has been set aside and the disciplinary authority has been directed to consider the case of the respondent No.1 afresh after affording him an opportunity of hearing.
3. After addressing arguments at some length, Mr. Narender Reddy, learned Senior Counsel appearing for the appellants states on instructions that instead of pressing the present appeal, the appellants may be permitted to withdraw the same while reserving the right of 2 the disciplinary authority to consider the case afresh after affording an opportunity of hearing to the respondent No.1 before passing any orders on the Enquiry Report dated 03.01.2013.
4. In view of the submission made hereinabove, the present appeal is disposed of along with the pending applications, with liberty granted to the appellants as prayed for.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 20.01.2021 LUR/LRKM