UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF HOME Vs. B.S. YAMBEM

JUDGEMENT

(1.) THE decision rendered in this appeal shall also govern the disposal of W.A.No.40/2011 because both these appeals arise out of common order passed in one writ petition being W.P.(C) No. 904 of 2008.

(2.) THIS writ appeal has been filed by the respondent ­ Union of India of WP(C) No.904 of 2008 under Chapter -V -A of Rules 2 of the Gauhati High Court against the judgment and order dated 01 -09 -2010 passed by the learned Single Judge in W.P(C) No.904 of 2008.

(3.) SO the question which arises for consideration in this intra court appeal filed by the Union of India (defence ministry) is whether learned Single Judge was justified in allowing the petition and in consequence was justified in quashing the memorandum, the charge sheet and the decision taken to hold the departmental inquiry into the charges contained in the said charge sheet against the petitioner? 4. In order to appreciate the issue involved in the appeal, it is necessary to state the facts in detail.