TSUKJEMWATI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. C.T. Jamir, learned counsel for the petitioner and Mr. I. Jamir, learned Addl. Advocate General for the respondents.

(2.) IN the instant case a peculiar situation has arisen with the order No. Fin/TA/7 -1/99, dated 20.3.2001 (Annexure -X to the writ petition) passed by the Disciplinary Authority, Finance Commissioner and Principal Secretary whereby a penalty has been imposed for removal of the petitioner from service. Thereafter, the petitioner preferred an appeal before the Appellate authority. The Appellate Authority disposed of the appeal by an order dated 27.11.2001 affirming the penalty imposed by the Disciplinary Authority. Incidentally, the authority who made the suggestions and recommendations on the appeal petition to the Appellate Authority happened to be the same person, the Principal Secretary and Finance Commissioner, Nagaland.

(3.) TO make the matter clear, the provisions of Rule 24 of the Nagaland services (Discipline and Appeal) Rules, 1967 may be extracted. Rule 24(1) and (2) reads as follows : -