MADHUR BEHARI MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging order dated 23. 08. 2004 passed by the learned Single, whereby, writ petition filed by the appellant was dismissed.

(2.) Learned Senior Advocate appearing on behalf of the appellant has submitted that the learned Single Judge has erred in dismissing the writ petition filed by the appellant. Enquiry Officer, after holding enquiry, found that the charges levelled against the appellant were not proved. Disciplinary Authority vide order dated 05. 05. 1986 remanded the case to the Enquiry Officer for holding a de-novo enquiry. Order dated 05. 05. 1986 was a non-speaking order. Enquiry Officer had conducted enquiry after following due procedure of law. Hence, the order dated 05. 05. 1986 was liable to be set aside. In support of his arguments, learned Senior Advocate has placed reliance on judgment of the Hon'ble Supreme Court in Mohd. Abdul Aleem, Petitioner v. Director, Survey Training Institute (C. S. T. and M. P. ) Survey of India, Uppal, Hyderabad, Respondent 1975 LAB. I. C. 1682 wherein it was held as under:

(3.) Learned Senior Advocate has next placed reliance on judgment of Delhi High Court in Inspector/Exe. Vinod Gill Vs. Union of India (UOI) and Ors. [WP (C) No. 12621/2005 decided on 31. 08. 2006] wherein it was held as under: