NASEEM AHMAD Vs. UNION OF INDIA THRU' SECY.

JUDGEMENT

(1.) Heard Shri Ashutosh Tripathi, learned counsel for the petitioner and Shri Upendra Nath Sharma, learned counsel for the respondents.

(2.) The petitioner-Naseem Ahmad underwent disciplinary proceedings on account of overstay after having taken leave. The petitioner was subjected to an inquiry but the disciplinary authority disagreeing with the Enquiry Officer's report proceeded to impose the punishment of dismissal on the petitioner vide order dated 7th July, 1999. The petitioner preferred an appeal against the same and the same was allowed on 24th November, 1999 by the following order:

(3.) It is, therefore, clear that the appeal was allowed and the petitioner was to be tried again in the inquiry proceedings denovo. The petitioner was served with a notice on 6th January, 2000 that he may report or else he was not to be given any further opportunity. The respondents have come out with a case that the petitioner failed to report for duty and, therefore, the impugned order was passed on 14th Feburary, 2000 cancelling the earlier order of the appellate authority dated 24.11.1999.