Bhaskar Bhattacharya, J. - (1.) This application under Article 226/227 of the Constitution of India is at the instance of the employer, the Union of India, and is directed against order dated 8th June, 2006 passed by the Central Administrative Tribunal, Calcutta Bench in O.A. No. 836 of 2001 thereby setting aside the order of the appellate authority affirming the order of removal from service of the respondent before us and remanding the matter back to the disciplinary authority for appointing an appropriate authority to enquire into the charge against the private respondent in terms of Rule 14(2) of the Service Rules.
(2.) The only ground on which the Tribunal has set aside the order of removal and that of the appellate authority affirming the same is that the enquiry was done by a retired Government servant and according to the Tribunal, it should be done by a sitting Government servant.
(3.) In arriving at such conclusion, the Tribunal relied upon the decision of the Supreme Court in the case of Ravi Malik vs. National Film Development Corporation Ltd. & Ors., reported in 2004(13) SCC 427 wherein the Supreme Court in terms of the Regulation 23(b) of the Service Rules and Regulations, 1982 of the concerned organisation came to the conclusion that the enquiring officer must be a public servant.;