Amrita Sinha, J. - (1.) This is the second round of litigation in between the parties. The petitioner was a constable of the Central Industrial Security Force (CISF for short). A departmental proceeding was initiated against him and the disciplinary authority passed the order of dismissal from service by holding that the petitioner was guilty of the charges framed against him. The petitioner preferred a departmental appeal against the order of dismissal dated 30th May, 1983 and the appellate authority affirmed the said order of dismissal on 5th December, 1984.
(2.) The petitioner challenged the order of dismissal from service dated 30th May, 1983 as well as the order of the appellate authority dated 5th December, 1984 by filing a writ petition being civil order no. 16069 (W) of 1985. The aforesaid writ petition was finally heard and disposed of on 16th June, 2011.
(3.) The Hon'ble Court held that the decision of the appellate authority was influenced by the para-wise comment of the disciplinary authority and there was no material and/or argument to show that the para-wise statement was made available to the petitioner. The Hon'ble Appeal Court also observed that the impugned order of the appellate authority suffers from the vice of nonapplication of mind while dealing with the question of quantum of punishment. The Hon'ble Court had quashed the order of the appellate authority on these two counts and directed the appellate authority to hear the petitioner's appeal on the above two counts only.;