AJAY RASTOGI,J. - (1.) Instant special appeal is directed against order of the Id. Single Judge dt. 23.07.2001.
(2.) The brief facts of the case are that the respondent was initially appointed as Assistant Administrative Officer upon selection on 04.08.1977 and he was denied promotion on the post of Administrative Officer and that came to be challenged at his instance by filing of Writ Petition No.2306/1983. While discharging his duties for the alleged delinquency committed by him, he was suspended vide order dt.22.11.1984 and a charge -sheet for imposing major penalty came to be served upon him on 23.03.1985 and in all six charges were levelled against him which are of wilful insubordination, disobedience of lawful order, negligence of work in performance of duty and commission of act subversive of discipline.
(3.) Reply was submitted by the respondents to the charge -sheet and thereafter the Enquiry Officer was appointed and after affording reasonable opportunity of hearing, as contemplated under the scheme of Rules, the Enquiry Officer found the charge Nos.1, 2, 4 & 5 proved and charge Nos. 3 & 6 partially proved, which came to be affirmed by the disciplinary authority and looking to the nature of allegations made against him, the respondent was punished with the penalty of removal from service vide order dt.20.10.1987 u/R.23(f) of GI (CDA) Rules, 1975 and the departmental appeal preferred before the appellate authority came to be rejected vide order dt.12.02.1990. The respondent challenged order of penalty dt.20.10.1987 and appellate authority dt.08.03.1990 by filing Writ Petition No.1652/1990.;