MOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We have heard the learned counsel for the parties and with his assistance have gone through the record of the case.

(2.) The challenge in this writ petition has been given to the order dated 15.2.2001 (Annexure P-8) and the order dated 3.1.2002 (Annexure P-11). For the purpose of disposal of this writ petition, it will be proper for us to refer to the order of the appellate authority which runs as follows :-

(3.) The reading of the above order would show that there was total application of mind on the part of the appellate authority on all aspects which were raised by the delinquent official including the one that punishment was not justified. While invoking the jurisdiction under Article 226 of the Constitution of India, we have to see whether procedural illegality has been committed by the punishing authority or by the appellate authority.