- (1.) Intra Court appeal has been preferred as against impugned order dated 08.08.2008 passed by Single Bench in S.B. Civil Writ Petition No. 2672/1999. The Single Bench has formed an opinion that the punishment of termination of services of the respondent was in violation of principles of natural justice. Copy of certain documents were not furnished to the respondent and even copy of enquiry report was not furnished to the respondent for submitting his representation before the appropriate authority, which has caused serious prejudice to the case of the respondent-employee. Admittedly, copy of the enquiry report was not furnished to the respondent and it was served along with order of termination from service. We are in agreement with the reasons employed by learned Single Judge.
(2.) Counsel appearing on behalf of the appellants has prayed that in view of technical defects, the appellants-employer may be permitted to comply with the requirements and to proceed further with the enquiry.
(3.) We find that order of termination of services of the respondent has rightly been set aside by learned Single Judge in the facts and circumstances of the instant case. However, the appellants-employer is granted a liberty, as prayed for, to pass the order in accordance with law after removing the defects in the course of departmental enquiry, as pointed by the Single Bench.;