- (1.) Against the order of the learned Single Judge dated 21.11.2017, the present special appeal has been filed under Chapter VIII Rule 5 of the Rules of the Court. The services of the writ-petitioner were dismissed vide an order dated 30.03.1999, which was challenged in the writ petition. The learned Single Judge has held that the inquiry proceeding was held in violation of the principles of natural justice. In fact no oral inquiry was held nor any witness was examined and therefore, the learned Single Judge quashed the order of the dismissal and directed that the writ-petitioner would be reinstated in service with 50% of the arrears of salary. The learned Single Judge has given liberty to the employer to proceed against the writ-petitioner departmentally afresh in accordance with law. The employer being aggrieved, has filed the present special appeal.
(2.) Having heard Ms. Subhash Rathi, learned Additional Chief Standing Counsel for the appellant and Sri Ashok Mehta, learned counsel for the writ-petitioner, we find that the order of the learned Single Judge holding that the inquiry was vitiated on account of violation of principles of natural justice, requires no interference, which is based on appreciation of evidence that was brought on record. We however, find that the operative portion of the order namely the direction to reinstate the writ-petitioner in service with 50% of arrears of salary is incorrect in face of liberty and that liberty was given to the employer to initiate the departmental proceeding afresh.
(3.) We modify the operative portion of the order of the learned Single Judge in the following manner: 1. Once the inquiry is vitiated the natural consequence is for the employer to restart the inquiry from the stage it was found vitiated. We accordingly, direct the Inquiry Officer to conclude the inquiry after examining all the witnesses and after giving liberty to the writ-petitioner to defend himself. Such inquiry would be completed within four months from the date of production of a certified copy of this order before the Disciplinary Authority in accordance with the governing service Rules. 2. The question of reinstatement with arrears of salary would be subject to final order being passed by the Disciplinary Authority, after conclusion of the inquiry.;