Hon'ble Rajan Roy,J.
Argument is that opportunity at fullest length was given to the other side in the inquiry proceeding and otherwise by the disciplinary authority and thereafter appellate authority and the revisional authority considered the matter in detail, and therefore, without considering the aspect that the inquiry can be said to be vitiated in such a manner that de-novo proceeding from the stage of inquiry officer is to be directed, the Tribunal in remanding the matter back to the disciplinary authority for starting the proceeding de-novo has committed manifest error.
Submission is that perusal of the order passed by the disciplinary authority and other authorities do not justify the conclusion so arrived although the Tribunal has given a clear finding that lenient view should not be taken.
Issue notice to respondent no. 1. Steps will be taken within a week.
List immediately after service.
Till the next date of listing operation of the impugned order passed by the Tribunal dated 31.1.2014 shall remain stayed.
Order Date :- 8.7.2014 M.A.A.
(Rajan Roy, J.) (S.K. Singh, J.)