BHARAT HEAVY ELECTRICALS LIMITED Vs. UMESH EKNATH AGALAWE

JUDGEMENT

(1.) Mr. Rameshwar Prasad Goyal, learned counsel appearing on caveat, waives notice.

(2.) Leave granted.

(3.) Having heard learned counsel for the parties, we are not inclined to interfere with the impugned judgment whereby the order of removal of respondent no.1 passed in the disciplinary proceedings has been set aside. It is rightly held that the effect would be that the first respondent would be reinstated and the appellant is at liberty to continue with the disciplinary proceedings by appointing an inquiry officer other than the one who had earlier conducted the inquiry. Further, the appellant has been given liberty to decide placed under suspension pending inquiry. The impugned judgment also records that once a new inquiry officer is appointed and the first respondent put to notice, he shall cooperate. Similarly, the first respondent shall be entitled to fair, reasonable and adequate opportunity to lead defence.