HARI MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge made in both the writ petitions being the same, both were heard together and are being disposed of by this common judgment and order. Question which arises for consideration in both the writ petitions is the legality and validity of the action of the disciplinary authority in directing the enquiry officer to submit a fresh enquiry report after removing the "shortcomings" in the first enquiry report without putting the petitioners on notice and thereafter acting on the subsequent enquiry report.

(2.) In both the writ petitions, petitioners have questioned the correctness of the order dated 07.02.2005 passed by the disciplinary authority imposing the penalty of stoppage of two annual increments with cumulative effect which was affirmed in appeal and revision.

(3.) Facts of the case may be briefly noted.