UNION OF INDIA AND OTHERS Vs. JASVIR SINGH

JUDGEMENT

(1.) Having regard to the circumstances of the case and the issues involved, with the consent and at the request of the learned counsel for the parties, we have heard the matter finally at this stage itself.

(2.) This intra-court appeal is directed against the order dated 07.10.2015 as passed in WP (C) No.53 of 2013 whereby, the learned Single Judge of this Court has allowed the writ petition filed by the respondent of this appeal [hereinafter also referred to as "the writ petitioner"]; and, after setting aside the order passed by the Disciplinary Authority dated 25.08.2003, has directed that a fresh enquiry be conducted against the writ petitioner while restoring him back in service, without arrears or other benefits. The learned Single Judge has concluded on the matter as under:-

(3.) After having heard the learned counsel for the parties and having perused the material placed on record, we have formed the opinion that the orders as said to have been passed in this matter by the Appellate and Revisional Authorities cannot be approved and in the totality of circumstances, the appeal deserves to be restored to the file of the Appellate Authority for consideration afresh and in accordance with law. In this view of the matter, dilatation on all the factual aspects and the contentious issues does not appear necessary; and only a brief reference to the relevant background aspects would suffice.