JUDGEMENT
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(1.)THIS is an intra court appeal filed by the respondent (Manipur Service Public Commission - for short called M.P.S.C) of Civil Rule No. 869 of
1998 under Rule 2 of Chapter V -A of the Gauhati High Court Rules against the order dated 21.11.2002 passed by Single Judge in aforementioned writ
petition.
(2.)BY impugned order, the learned Single Judge allowed the writ petition in part and while setting aside of the dismissal order impugned by him in
the writ petition remanded the case to the appointing authority for
imposing any lesser punishment other than that of the dismissal from
service including considering for awarding punishment of compulsory
retirement on the writ petitioner for the proved misconduct which the
writ petitioner had committed in discharge of his official duties.
So, the short question that arises for consideration in this appeal filed by M.P.S.C. (respondent of the writ petition) is whether learned
Single Judge was justified in allowing the writ petition in part by
quashing the dismissal order and remanding the case to the appointing
authority for reconsideration of awarding punishment on the delinquent
employee (writ petitioner) other than the punishment of dismissal from
service?
(3.)IN order to appreciate the issue involved in the appeal which lies in a narrow compass, few facts need mention infra.
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