- (1.) WE have heard learned counsel for the parties.
(2.) THIS special appeal arises out of the judgment and order dated 23.5.2003 by which learned Single Judge has allowed the writ petition and quashed the order dated 4.5.2002 passed by the Vice -Chanceller as Appellate Authority; the Memorandum (Annx. 6), and Charge -Sheet (Annex. 7) as well as Statement of Allegations (Annx. 8), and the order dated 8.1.1996 passed by the Disciplinary Authority.
(3.) THE Disciplinary Authority in a departmental enquiry imposed the penalty of withholding of five increments with cumulative effect against the respondent, who was serving as Technical Assistant with directions that she will be reinstated with immediate effect. The respondent has since retired on attaining the age of superannuation in the year 2010. Brief facts giving rise to the case are that the respondent was serving as Technical Assistant in the Home Science College in Udaipur. She was served with a charge -sheet in the year 1992, with imputation of charges namely that she refused to accept the official letters and also did not follow the instructions, both verbal and written of the Head of the Food and Nutrition Department for taking charge of Nutrition Laboratory. The statement of allegations against her, imputed her with allegations of failing to take complete charge of the stocks and store of Nutrition Laboratory despite an order dated 25.7.1992.;