UNION OF INDIA Vs. HOLIYABHAI JEMUBHAI VASAVA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the order of the Tribunal, which is under challenge in this petition.

(2.) The Tribunal has proceeded in the order impugned on the presumption that when the appeal before the appellate authority abates, it is not required to go into the merits of the case and it is only on that ground the Tribunal held that the disciplinary proceedings initiated against the respondent stood vitiated.

(3.) Learned counsel for the petitioners submitted that this is not a correct decision. He submitted that even if the appeal stood abated, the Tribunal was required to go into the merits of the matter and adjudicate as if they were hearing the appeal against the order of punishment. Learned counsel for the petitioners has relied upon decision of this Court in the case of UNION OF INDIA V. R.T. ADHVARYU, reported in 2000(1) GLR 155 wherein this Court has held that in such circumstances the Tribunal should have addressed itself on the merits of the case. In that view of the matter, learned counsel for the petitioners submit that order of setting aside of punishment deserves to be set aside and the matter is required to be remanded back to the Tribunal for fresh adjudication in accordance with law considering the merits of the case.