D.K. Seth, J. - (1.) The petitioner has challenged the order dated 7th of January, 2000 by which the enquiry was held to be invalid. He has also challenged the order dated 27th March, 2001 by which the interim relief was granted.
(2.) The learned counsel for the respondent submitted that he does not want to use any affidavit. The writ petition may be disposed of on the basis of the materials available before the court.
(3.) I have gone through the order dated 7th January, 2000 relating to the invalidity of the domestic enquiry. The scope and ambit of such a proceeding is confined to the irregularity in the proceeding itself. The Tribunal is not supposed to enter into the finding of fact arrived at by the Tribunal unless such finding is not justified. In the present case, the Tribunal appears to have entered into the merits of the case as an original fact finding authority. It has come to its own finding of belief and disbelief, which it cannot do. It should nave confined itself within the scope and ambit of the enquiry with regard to the validity of the domestic enquiry and the justification of the action.;