CHAIRMAN NIMHANS BANGALORE Vs. G N TUMKUR

JUDGEMENT

(1.) This writ appeal is directed against the order of the learned single Judge in W.P. No. 6688 of 1980 quashing the order of compulsory retirement from service of the respondent herein on the ground that he had committed gross mis-conduct within the meaning of the relevant C.C.A. Rules.

(2.) The learned single Judge took the view that the disciplinary authority did not apply its mind to the gravity of mis-conduct said to have been proved against the respondent and accordingly relying on the decision of the Supreme Court in Shankar Doss v Union of India, (A.I.R. 1985 S.C., 772.) the learned Judge came to the conclusion that the punishment imposed was not commensurate with the gravity of mis-conduct in the light of the aforesaid decision of the Supreme Court and that there was no application of mind to that aspect of the case. Therefore, he quashed the impugned orders reserving liberty to the disciplinary authority to proceed with the inquiry from the stage at which the infirmity had occurred. He further made a direction that the respondent would be entitled to all consequential benefits.

(3.) Learned counsel for the appellants in vited our attention to the relevant portion of the impugned order wherein the question of punishment was considered by the disciplinary authority. In page-100 of the paper book, there is a consideration by the disciplinary authority as to the nature of mis-conduct committed by the respondent and the punishment that the authority had proposed to impose on him. It reads as under:-