STATE OF U.P. Vs. ABHAI KISHORE MASTA

JUDGEMENT

(1.) LEAVE granted. Heard counsel for both the parties.

(2.) THE appeal is directed against the judgment of a Division Bench of the Allahabad High Court (Lucknow Bench) allowing the writ petition filed by the respondent.

(3.) WHILE the said enquiry was pending, the respondent was retired compulsorily under Fundamental Rule 56 -J by an order of the Government dated 28th December, 1989. The respondent then filed Writ Petition 1518 of 1990 questioning the same. While this writ petition was pending before the High Court, final orders were passed in the aforementioned disciplinary proceedings on 18th July, 1990, imposing the punishment of reduction in rank, to be given effect to in case the order of compulsory retirement is set aside. Thereupon the respondent amended his Writ Petition (1518 of 1990) to question the order of punishment as well. The main ground urged in support of the attack against the order of punishment was the failure of the disciplinary authority to furnish a copy of the enquiry report to him before imposing the punishment.