(1.) HEARD learned counsel for the petitioner and the State.
(2.) THE petitioner is aggrieved by the order of punishment dated 23.10.2009 inflicting 'censure' and stoppage of four increments with cumulative effect, to be entered in his service records.
(3.) IN a departmental proceeding, if an enquiry report is of exoneration, the disciplinary authority is not bound by it and has the jurisdiction to differ with it. A show cause notice is then required to be given for this difference of opinion setting out the grounds for the same along with materials in support thereof with an opportunity to meet the same. If there are serious procedural infirmities in the proceedings inasmuch as evidence was not placed, procedures not followed, evidence not led, materials not placed, notwithstanding a report of exoneration for reasons discussed in writing, fresh proceedings may be initiated. But, in the present case, the order initiating the departmental proceeding dated 5.10.2007 only refers to an order of the District Magistrate without any details of the order much less does it disclose any grounds warranting fresh departmental proceedings.