Order on Delay Condonation Application:
This is an application for condoning the delay in filing the appeal. Considering the cause shown in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned. Application stands allowed. Officer to register the appeal. Order Date :- 14.7.2011 VPC (Vikram Nath, J)(F. I. Rebello,CJ) Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Vikram Nath,J.
We have heard learned Standing Cousel as also the counsel for the respondent. Learned Single Judge has recorded a finding that no oral enquiry was held inasmuch as no departmental witness was examined nor the respondent admitted his guilt in the enquiry that the charges against him were proved. It is not in doubt that the Enquiry Officer conducted the enquiry himself and recorded a finding . By our opinion the finding by the learned Single Judge that enquiry vitiated cannot be faulted . In the light of that the appeal is dismissed. Order Date :- 14.7.2011 VPC (Vikram Nath, J)(F. I. Rebello,CJ)