CANTONMENT BOARD Vs. JAGAT PAUL SINGH CHEEMA

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against Writ Court Judgment dated 15 -02 -2006 allowing respondent Jagat Paul Singh Cheema's SWP No. 3039/2001, quashing and setting aside Order No. 6/33/B/Ap -peal/Cantt/JPS/DEP/NC dated 22nd of November, 2001 of General Officer, Commanding -in -Chief, Northern Command and restoring Resolution dated 18 -05 -2001 of the Cantonment Board.

(2.) FACTS leading to the filing of this Letters Patent Appeal may be slated thus: Respondent, Jagat Paul Singh Cheema was a Sectional Officer with Cantonment Board, Jammu. The Board proceeded against him for his alleged misconduct in committing various acts of commission and omission. After holding an enquiry against him, he was removed from service under Rule 11(2) (vii) of the Cantonment Fund Service Rules, 1937 vide Cantonment Board's No. Est./PF/97/919 dated 6th of September, 1997. He filed SWP No. 1305/97 when his appeal too was pending disposal before the Appellate Authority. This writ petition was, disposed of with a direction to the appellants to dispose of his appeal. The appeal of the respondent was rejected. Aggrieved by the rejection of his appeal, the respondent filed SWP No. 1960/98, which was allowed, and the Punishing Authority was directed to re -decide the matter after affording reasonable opportunity of hearing to the respondent. The respondent, accordingly, appeared before the Cantonment Board which by its majority decision decided to reinstate him in service. The President of the Board and Major Anil Negi, the Garrison Engineer who was Ex -Officio, Member of the Board, however, voted against reinstating the respondent. The Chief Executive Officer of the Board thereafter apprised the Board President to refer the matter to the General Officer Commanding -in -Chief, the Command. The matter was, accordingly, referred to GOC -in -Chief, Northern Command who on receipt of the reference issued Show Cause Notice dated 06 -08 -01 to the GOC -in -Chief vide his Order No. 6/33/B/Appeal/Cantt/JPS/DE/NC dated 22nd of November, 2001, revoked the decision taken by the cantonment Board in their meeting on 18th of May, 2001 and restored the original decision of the Cantonment Board dismissing the respondent from service.

(3.) THE Cantonment Board has filed this appeal to question the Writ Court Judgment dated 15 -02 -2006.