- (1.) Both the appeals relate to identical facts and involve common points of law. Therefore, the said appeals were heard analogously and we also dispose of the same by this common judgment.
(2.) The relevant facts leading to these appeals are briefly stated hereinafter: The writ Petitioners are the employees under the Appellant. The disciplinary authority issued charge sheets to the writ Petitioners while they were posted at West Bengal Regional Office of the Appellant at Kolkata as Senior Development Assistant on the allegation that they had participated in writing indecent and disparaging remarks against one lady employee on the wall of the office building of the said regional office of the Appellant at Kolkata.
(3.) After issuance of the aforesaid charge sheet enquiry proceeding was conducted and the enquiry officer after the conclusion of the enquiry submitted his report before the disciplinary authority. In the said enquiry report, the enquiry officer specifically observed that the charge of abetting the act of writing on the wall was not established. The disciplinary authority however did not accept the aforesaid findings of the enquiry officer.;