- (1.) Leave granted.
(2.) The only question for decision is whether the appointment of a person who was not in the employment, i. e. , an outsider as the Enquiry Officer is contrary to the requirement of Standing Order 16 (2 (b) so as to vitiate the domestic inquiry. The learned Single Judge as well as the division bench ofthe High court have both answered this question in the affirmative. Hence, this appeal by special leave.
(3.) Standing Order 16 (2 (b) is as under: "16.Procedure for Punishment.- (1 * * * (2 For major punishments listed in para 15.2 before disciplinary action amounting to postponement of annual increment for more than three months or reduction in the grade or reversion or demotion to a lower grade or dismissal is taken, action on the following lines will be taken by the manager: (a) * * * (b) On receipt of the explanation of the employee or on expiry of the time-limit whichever is earlier or under special circumstances at the time of issuing the charge-sheet, the Manager shall appoint an Enquiry officer or constitute an Enquiry Committee consisting of one or more than one person, other than from the Security Department. . ";