GANUBHA J JADEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the petitioners were working as Constables in the Railway Protection Force. Without holding any departmental disciplinary inquiry, they were dismissed from service by order dated 30.09.1988.

(2.) BOTH the petitioners challenged their dismissal order before this Court by filing Special Civil Application No.7075 of 1988. The Learned Single Judge by judgment and order dated 04.05.1999 passed in Special Civil Application No.7075 of 1988, allowed the said writ petition on the ground that without holding any departmental inquiry or conducting any departmental disciplinary proceedings in accordance with principles of natural justice, the petitioners could not be dismissed from service and, therefore, set aside the dismissal order passed by the Disciplinary Authority as well as affirmed by the Appellate Authority and directed reinstatement of the petitioners in service in accordance with law. In the judgment dated 04.05.1999, it was not provided for holding afresh inquiry.

(3.) THIS order could not have been passed by the respondents as this Court in its judgment dated 04.05.1999 did not permit the respondents to pass any order except the order of reinstatement by holding that the services of the petitioners were terminated illegally and, therefore, the salary from the date of dismissal to the date of reinstatement was also to be paid by the respondents.