- (1.) Leave granted. Heard the counsel for the parties.
(2.) This appeal is preferred by the employer, State Bank of Bikaner and Jaipur against the judgment and order of the Delhi High Court giving certain directions with respect to the scope of disciplinary enquiry to be conducted against the respondent-employee.
(3.) A disciplinary enquiry was held against the respondent with respect to certain grave charges. The Enquiry Officer reported that the charges were established. Respondent submitted his comments and objections to the report of the Enquiry Officer. After considering the report and the objections, the Disciplinary Authority passed the following order on April 29, 1994. It is indeed a communication addressed to the respondent: "With reference to your representation dated the 16th December, 1993, with regard to proceedings and findings of the Enquiry Officer constituted earlier to go into the charges against you, we have carefully gone into the points raised by you in your representation and having applied our mind dispassionately have observed that though his findings are sufficient for taking a view in the matter, to expel every iota of doubt and to provide every opportunity to you to put your defence, another opportunity in the name of justice may be given to you to make your position clear. I have, therefore, issued orders for conducting the enquiry against you afresh and have appointed Shri S.K. Supekar, Branch Manager, D.N. Market, Ahmedabad as Enquiry Officer to conduct the necessary departmental enquiry. The notice dated 29-4-1994 issued by me in this respect is enclosed. The date, time and place of the enquiry, will be advised to you by the Enquiry Officer. You are advised to remain available to him as and when required. Please also finalise the selection of your representative for defending your case, before the commencement of the proceedings in case you wish to engage one. Please acknowledge receipt. Yours faithfully. Sd/- C.K. MISHRA Notified Disciplinary Authority".;