Challenging the order of the Appellate Authority for a fresh enquiry during the pendency of the appeal, the petitioner has approached this Court with a writ petition which was disposed of by Ext.P4 judgment directing the respondent to rehear the appeal ignoring the second enquiry report. Though notice was sent, the petitioner was not present and the order was passed in his absence. Aggrieved by the same, the petitioner filed the present writ petition.
2. While disposing of the writ petition, this Court by the impugned judgment directed the petitioner herein [respondent in the W.P(C)] to dispose of the appeal after conducting a fresh enquiry with participation of the respondent herein [petitioner in the W.P(C)]. The petitioner board alleges that there was already an enquiry with RP.386/14 in W.P(C) 7994/10 -:2:-
full participation of the petitioner in that writ petition and this was omitted to be pointed out at the time of hearing of the writ petition. Therefore, the said direction is unnecessary and the only direction that has to be given is to dispose of the appeal after affording the respondent in this petition an opportunity of being heard on the basis of the first enquiry report.
Therefore, the review petition is allowed. The judgment dated 24.3.2014 which is impugned in this review petition, insofar it directs the petitioner board to conduct a fresh enquiry is annulled. It is hereby directed that the appeal be disposed of after hearing the respondent or his authorised representative on the basis of the records relating to the original enquiry proceedings. This direction shall be complied with by the petitioner board, within a period of six weeks from the date of receipt of a copy of this order.
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A.V.RAMAKRISHNA PILLAI JUDGE