S.S. Chauhan, J. - (1.) THE present petition has been filed challenging the order dated 31.5.2010. Submission of learned Counsel for the petitioner is that the disciplinary authority while disagreeing with the finding recorded by the enquiry officer in which the petitioner was exonerated proceeded to issue a show cause notice and in the said show cause notice a positive finding has been recorded in regard to the guilt of the petitioner and no opportunity was given to the petitioner in regard to specific points of disagreement and proceeded to pass an order awarding special adverse entry to the petitioner along with withholding of arrears of salary during the suspension period. It is further submitted that identical order was subject matter of consideration before this Court in Writ Petition No. 2113 (SS) of 2010 and the said writ petition was allowed with the direction to the competent authority to re -initiate the proceedings from the stage of disagreement with the findings of the enquiry officer and take final decision afresh after affording due opportunity.
(2.) LEARNED Standing Counsel, on the other hand, has submitted that the petitioner was given opportunity by issuing a show cause notice to reply to the opinion formed by the disciplinary authority to which petitioner has replied and, therefore, no illegality has been committed by the disciplinary authority in passing the impugned order. It is also submitted that the minor punishment has been awarded to the petitioner, therefore, no point of disagreement was required to be communicated to the petitioner. I have heard learned Counsel for the parties and perused the record.
(3.) THIS Court While dealing with the similar question in Writ Petition No. 2113 (SS) of 2010 recorded a finding to the following effect: In sum and substance, it can be easily said that a delinquent employee has a right of hearing not only during the enquiry proceedings conducted by the Enquiry Officer into the charges levelled against him but also at the stage at which the said findings are considered by the Disciplinary Authority and latter, the Disciplinary Authority forms a tentative opinion that he does not agree with the findings recorded by the Enquiry Officer and it is necessary for the Disciplinary Authority to give an opportunity of hearing to the delinquent employee before reversing the findings in favour of him. The formation of opinion should be tentative and not final. Accordingly, the questions raised in the present petition are answered. In the present case, the show cause notice dated 05.03.2010 reveals that the Disciplinary Authority instead of coming to the tentative conclusion recording the proving of charges against the petitioner, came to the final conclusion that the charges against the petitioner have been proved and issued show cause notice on the proposed punishment. In other wards, the findings of the Disciplinary Authority were final and the proposal to inflict upon the petitioner the punishment was tentative. Therefore, it is admitted case of final decision without giving an opportunity of hearing to the petitioner at the stage at which the Disciplinary Authority proposes to differ from findings of the Enquiry Officer.;