KAMLESH KORKU AADIWASI Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has challenged the appellate order dated 5.10.2012 (Annexure P/1). The petitioner was served with a charge sheet dated 23.4.2010 (Annexure P/8). She filed reply to the said charge sheet. The department appointed an enquiry officer. The enquiry officer in his report dated 29.9.2011 found the charges as proved. The report was furnished to the petitioner and his representation was obtained. Thereafter the disciplinary authority by Annexure P/15 dated 9.2.2012 inflicted the punishment of dismissal from service. Against this order the petitioner preferred an appeal before the Commissioner, Revenue Division. The said authority by impugned order dated 5.10.2012 (Annexure P/1) partly allowed the appeal and set aside the order of the Collector dated 9.2.2012 and remitted the matter back to the Collector to conduct further enquiry by giving adequate opportunity to the petitioner.

(2.) Criticizing the said order, Shri D.K.Katare, learned counsel for the petitioner submits that the appellate authority has no power to remit the matter back. In support of this, he relied on (Union of India vs. K.D.Pandey and another, 2002 10 SCC 471); (Kanailal Bera vs. Union of India and others, 2007 11 SCC 517); and, (Roop Singh Negi vs. Punjab National Bank and others, 2009 2 SCC 570).

(3.) I have heard learned counsel for the parties and perused the record.