- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 7.2.2007 passed by the High Court of Jammu and Kashmir whereby the High Court has allowed the Writ Petition filed by the respondent challenging the punishment of removal from service that was imposed on him by the Cantonment Board, Jammu. It may be noticed, at the outset, that the High Court had allowed the Writ Petition of the respondent on the ground that the order of the Officer Commanding-in-Chief, the Command, affirming the order of the Cantonment Board removing the respondent from service was passed on the basis of an invalid reference made to the Officer Commanding- in-Chief, the Command, under the provisions of the Cantonments Act, 1924 (hereinafter referred to as the 'Act').
(3.) A brief conspectus of the relevant facts would be necessary at this stage. The respondent, Jagat Paul Singh Cheema, was employed as a Section Officer with the Cantonment Board, Jammu. On various charges a departmental enquiry was held against the respondent, whereafter he was removed from service by an order dated 6.9.1997. The appeal filed against the said order was dismissed. The respondent, therefore, moved the High Court of Jammu & Kashmir challenging the order of removal from service, interalia, on the ground that the report of the enquiry held against him was not furnished to him at any stage. The High Court by its order dated 4.4.2001 allowed the writ petition and directed the 'Punishing Authority' to re-decide the matter after affording an opportunity of hearing to the respondent. In compliance with the said directions the report of enquiry was furnished to the respondent and the matter was reconsidered by the Cantonment Board in its meeting held on 18.5.2001. In the said meeting while the non-official members (five in number) were of the view that the order of punishment imposed on the respondent should be set aside and he should be reinstated in service, the President of the Cantonment Board and two other ex-officio members supported the initial decision of the Cantonment Board to impose the punishment in question. Thereafter, it appears, that at the instance of the Chief Executive Officer of the Cantonment Board the matter was referred to the Officer Commanding-in-Chief, the Command.;