UNION OF INDIA Vs. PANKAJ KUMAR SINGH

JUDGEMENT

(1.) THIS writ appeal is directed against the Judgment and Order dated 1.07.2013 passed by the Learned Single Judge in WP(C) No. 134 (SH) of 2012 whereby the said Court has quashed the order dated 31.10.08 dismissing the writ petitioner from service, and directed that the petitioner be reinstated.

(2.) HEARD the learned counsel for the parties and perused papers on records.

(3.) THE writ petitioner challenged the said order of dismissal on the ground that the said order was passed in violation of Rule -14 of CCS (CCA) Rules, 1965 as no inquiry was held nor any opportunity was given to the writ petitioner to defend himself. In the counter affidavit filed before the Learned Single Judge, the respondents have pleaded that verification report received from Tehsildar did not require any further verification and as such the order challenged by writ petitioner suffers from no illegality. The Learned Single Judge after hearing the parties found that the respondents (present appellants) failed to comply with Rule -14 of CCS (CCA) Rules, 1965 before passing order under Rule -11 (2) of CCS (CCA) Rules, 1965, as such, dismissal order was liable to be quashed and the same was quashed.