MAZHAR IMAM AFROJ Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the validity of the order of disciplinary authority, contained in Annexure -1, as well as the order of the appellate authority, contained in Annexure -2, whereby and whereunder the disciplinary authority has inflicted major penalty of dismissal from service and the same has been affirmed by the appellate authority as well.

(2.) IT appears that the matter came up before this Court earlier also on two occasions and lastly by the order dated 1.12.1995 passed in C.W.J.C. No. 4831/95 the matter was remanded to the appellate authority for fresh consideration and exercise of its independent judgment. It appears that on the said remand, the appellate authority has passed the impugned order, contained in Annexure -2.

(3.) LEARNED Counsel for the petitioner has raised short questions to assail the validity of both the impugned orders. He has submitted that admittedly, the petitioner was not given second show -cause notice before the impugned order imposing major penalty was passed against him. As such, he has been denied of reasonable opportunity and the action of the authority is in complete violation of the principles of natural justice in view of Saw settled in this regard in numerous decisions. He has referred to the decision in the case of Managing Director, ECIL, Hyderabad V/s. B. Karunakar and Ors. - - .