NATIONAL INSTITUTE OF TECHNOLOGY Vs. AMJAD ALI

JUDGEMENT

(1.) Heard Mr. Y.V. Giri, learned senior counsel along with Mr. Sanjay Kumar Giri, learned counsel for the appellant and Mr. Shekhar Singh, learned counsel for private respondent no.1.

(2.) The present Letters Patent Appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna has been preferred against the order dtd. 19/4/2022 passed in C.W.J.C. No. 23415 of 2019 by the learned Single Judge of this Court whereby the learned Single Judge has been pleased to set aside the order of removal dtd. 15/10/2019 of the respondent-writ petitioner from the post of Assistant Professor, Department of Humanities and Social Sciences and directed to reinstate him with continuity of service and salary for the intervening period, if he has not worked elsewhere.

(3.) Learned senior counsel appearing on behalf of the appellant has assailed the order, inter alia, mainly on the ground that when the High Court was of the opinion that there was violation of principles of natural justice at the level of the enquiry officer and the disciplinary authority in the present case, after quashing the order of removal, ought to have remitted the matter and permitted the disciplinary authority to proceed with the departmental enquiry from the stage at which fault was noticed. In support of the aforesaid contention, he vehemently relied upon the judgment of the Hon'ble Supreme Court rendered in the case of Himachal Pradesh Electricity Board Vs. Mahesh Dahia (2017) 1 SCC 768.