- (1.)Leave granted.
(2.)The charge against the appellant is absence from duty for 15 minutes on 22nd May, 1997. The learned Single Judge of the High Court had set aside the punishment of termination from service imposed, which has been interfered with by the Division Bench of the High Court in Letters Patent Appeal on the ground that, as per the law laid down by this Court in he case of Managing Director, E.C.I.L., Hyderabad and Ors. Vs. B. Karunakar & Ors. reported in 1993 (4) SCC 727 , the matter has to go back to the Inquiry Officer.
(3.)Having regard to the facts and circumstances of the case, particularly, the charge brought against the appellant and the fact that he has suffered for long, we are of the view that, while keeping the question of law open, the order of the Division Bench of the High Court needs to be interfered with by us. We, accordingly, do so and allow this appeal.