B.S. Chauhan, J. - (1.) Heard learned counsel for the petitioner and Sri V.M. Sahai, learned counsel for the respondent.
(2.) There are serious allegations against the petitioner that he was absent without leave from duty for a period of about one and half month or more. The departmental proceedings were completed and the punishment or removal from service was imposed against the petitioner vide order dated 18th May, 1989. Being aggrieved and dissatisfied, petitioner preferred the statutory appeal against the said order which was dismissed, vide order dated 2nd April, 1993. The petitioner preferred writ petition No. 3176 of 1990 before this Court wherein this Court vide order dated 13th October, 1995 quashed the order of termination and others consequential orders and directed the respondent employer to complete the departmental enquiry strictly in accordance with law. In pursuance of the order of this Court a fresh order dated 20th December, 1935 contained in Annexure-6 to this writ petition has been passed wherein the punishment of removal from service imposed against the petitioner has been awarded afresh. The grievance of the petitioner is that while passing the impugned order dated 20th December, 1995, certain material has been considered by the Enquiry Officer/Appointing Authority while passing the impugned order which had never been served upon the petitioner nor the contents of the same were disclosed to him. The respondents were supposed to serve a supplementary charge-sheet along with a copy of the documents which they wanted to rely upon in support of the said additional charges, so that the petitioner could have got an opportunity to reply the same. As the order has been passed in contravention of the principle of natural justice, it could not be sustained in the eyes of law and the impugned order dated 20th December, 1995 (Annexure-6 to this writ petition, is hereby quashed, and the petitioner shall be deemed to be in service However, respondent may serve an additional charge-sheet upon the petitioner along with the documents they want to rely upon. The petitioner may submit his reply to the additional charge-sheet and the respondent may complete the enquiry strictly in accordance with law. The petitioner undertakes to co-operate the enquiry and the enquiry may be completed expeditiously. The petition is disposed of finally. Petition finally disposed of.;