YASHBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) Heard counsel on both sides,

(3.) It appears that a departmental enquiry was initiated against the appellant and the Enquiry Officer found the charges proved against him. Thereupon, an order of dismissal from service was passed against him which he challenged by filing a departmental appeal. The Deputy Inspector general, Northern Area, CISF, by his order dated 4/11/1991 allowed theappeal, set aside the order of dismissal and held that a fresh enquiry be held against him. This view was taken on the premise that there was a violation of the principle of natural justice. The appellant was directed to report to CISF within 15 days of the receipt of the order. It was further observed that if the delinquent does not report for duty within the aforesaid period, it will be presumed he is not interested in service and an order will be passed accordingly. The delinquent surprisingly challenged this order by a writ petition in the Delhi High court contending that the appellate authority had no power to remand the case for holding a fresh enquiry. This, it would seem, was an attempt at protracting the enquiry. The High court ultimately dismissed the writ petition on 29/9/1992. Thereafter, the delinquent reported for duty on 6/10/1992 but he was not taken back in service because it was felt that the default clause in the order of the appellate authority permitted the appellate authority to cancel the earlier order and restore the dismissal order. The delinquent feeling aggrieved by the said order dated 19-10-1992 preferred a writ petition in the High court. The said writ petition came to be dismissed in limine and hence this appeal by special leave.