DISTRICT SHRAVASTI Vs. GUDDU

JUDGEMENT

(1.) HEARD learned counsel for the appellants Sri O.P. Srivastava and Sri A.N. Srivastava for the respondents.

(2.) THIS special appeal against the order passed by the learned Single Judge dated 11.11.09 has been filed with delay of more than one year. Since the counsel for the respondents has no objection, we condone the delay.

(3.) THE learned Single Judge found that the enquiry was not conducted at all and merely on the basis of the reply submitted, punishment of dismissal from service was awarded. He held that the punishment order was passed without holding any enquiry in accordance with law. The learned Single Judge also found that the punishment of dismissal from service was highly disproportionate and excessive to the charge leveled.