STATE OF UTTARAKHAND Vs. HAYAT SINGH MEHTA

JUDGEMENT

(1.) The application, seeking condonation of delay of 61 days in preferring this appeal, is not opposed by Mr. Shakti Singh, learned counsel for respondent-writ petitioner, and the delay is, therefore, condoned. Delay condonation application is, accordingly, disposed of.

(2.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 1761 of 2011 dated 08.03.2018. The respondent-writ petitioner filed the said writ petition seeking a writ of certiorari to quash the order dated 25.11.2011 issued by the second respondent. The order, impugned in the writ petition dated 25.11.2011, is an order of punishment imposed by the disciplinary authority, on the respondent- writ petitioner, removing him from service.

(3.) In the order under appeal, the learned Single Judge noted that the respondent-writ petitioner had filed a detailed representation against the inquiry report on 16.08.2011; however, the disciplinary authority had not taken into consideration the detailed representation submitted by the respondent-writ petitioner on 16.08.2011; the very purpose of issuing a show- cause notice would be defeated if the reply filed thereto was not taken into consideration in the right perspective; the respondent-writ petitioner had filed a detailed representation on each and every point; the disciplinary authority had only reiterated the findings, recorded against the respondent-writ petitioner by the Inquiry Officer, without adverting to the reply; and there was violation of principles of natural justice. While quashing the impugned order dated 25.11.2011, the learned Single Judge observed :