Citation : 2021 Latest Caselaw 116 Tel
Judgement Date : 20 January, 2021
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
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
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