- (1.) THE instant appeal has been preferred by the appellant herein assailing the judgment and order passed by the learned Single Judge whereby and whereunder the said learned single Judge was pleased to set aside the order of dismissal passed against the writ petitioner-employee and allowed the writ petition upon holding that the said writ petitioner should also be deemed to be continuously in service of the appellant-Corporation until retirement.
(2.) FROM the records we find that the respondent/writ petitioner joined the appellant-Corporation as Clerk/typist in february, 1964 and at the time of initiation of the disciplinary proceeding was holding the rank of Deputy Manager (Finance ). The executive Director of the appellant-Corporation issued charge-sheet to the respondent/writ petitioner on September 23, 1999 and upon holding disciplinary proceeding ultimately dismissed the said writ petitioner from the service of the Corporation by the order dated September 13, 2001.
(3.) CHALLENGING the said order of dismissal, a writ petition was filed before this Hon'ble court by the concerned employee, namely, the respondent No. 1 herein and the same was allowed by the learned Single Judge by the judgment and order under appeal. Assailing the aforesaid judgment and order passed by the learned Single Judge, instant appeal has been, preferred by the appellant-Corporation.;