UNION OF INDIA Vs. OM PRAKASH YADAV

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order passed by the Division Bench of the Calcutta High Court in F.M.A.No.1337 of 2009, dated 25.8.2011. By the impugned judgment and order, the High Court, while directing the Disciplinary Authority to consider the reply/representation that may be filed by the respondent herein to the second Show Cause Notice issued, has directed the Disciplinary Authority not to pass any order which would affect the pensionary benefits of the respondent.

(3.) The respondent was the petitioner before the High Court. He had called in question the correctness or otherwise of the chargesheet, the report of the Enquiry Officer, as well as the second show cause notice issued by the Disciplinary Authority, without filing any objections/reply to the second Show Cause Notice. Learned Single Judge had allowed the Writ Petition and had quashed the enquiry proceedings initiated by the Disciplinary Authority.