STATE OF MIZORAM Vs. S N YADAV

JUDGEMENT

(1.) CONSIDERING aggrieved by the judgment and order dated 10.12.09 allowing WP(C) No. 99/2006 thereby quashing the punishment of removal of service of the writ petitioner including the order of the appellate authority and the further order directing the respondents to reinstate the petitioner in his post with all benefits but giving liberty to proceed against the petitioner de-novo, the State of Mizoram has filed this appeal.

(2.) WE have heard Mr. N. Sailo, learned Addl. Advocate General, Mizoram for the appellants and Mr. P.C. Prusty, learned counsel for the respondent/writ petitioner.

(3.) MR. P.C. Prusty, learned counsel for the writ petitioner, however, urged that the departmental authority has not considered the defence raised by the petitioner in the enquiry and the principle of natural justice has been violated by not allowing him to cross-examine the departmental witnesses and the enquiry was conducted in an unfair manner. That apart, the retrospective removal of the petitioner from the service is not permissible under the law and the Learned Single Judge has rightly interfered with the order of removal and the same needs no interference in this appeal.