- (1.) Enquiry under Rules 16 of the Classification, Control and Appeal Rules (for short 'the CCA Rules') was initiated against the appellant. The enquiry officer gave report in favour of the appellant but the disciplinary authority did not agree with the report of Enquiry Officer and imposed punishment of stoppage of three grade increments with cumulative effect upon the appellant. The appellate Authority as well as learned Single Judge agreed with the disciplinary authority. Hence this appeal. We have heard learned counsel for the parties. In Punjab National Bank and Others v/s. Kunj Behari Misra : (1998) 7 SCC 84, the Apex Court indicated that when the enquiry report is in favour of the delinquent officer but the disciplinary authority proposes to differ with such conclusions, then that authority which is deciding against the delinquent officer must given him an opportunity of being heard for otherwise he would be condemned unheard.
(2.) Admittedly the disciplinary authority while disagreeing with the report of Enquiry Officer did not provide opportunity of hearing to the appellant and this legal proposition has not been considered by the learned Single Judge as well as the Appellate Authority. Under these circumstances, we have no option but to quash the impugned orders of the Collector, Tonk, divisional Commissioner, Ajmer as well as the learned Single Judge. The Special Appeal accordingly stands allowed and impugned orders of learned Single Judge, Divisional Commissioner. Ajmer and Collector, Tonk, stand set -aside. We remit the matter to collector. Tonk for providing opportunity of hearing to the appellant in view of the ratio indicated in Punjab National Bank v/s. Kunj Behari Misra (supra) and pass appropriate order in the matter. The appellant is directed to appear before Collector, Tonk on Feb., 25, 2008. There shall be no order as to costs.;