9911796707
TMI Blog2020 (11) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... ur of the petitioner, then the notice subsequently issued by the respondent ought to have indicated very clearly as to whether the respondent was proposing to accept the Enquiry Report or not accept the same. Only such a notice would have indicated to the petitioner the future course of action proposed against him by the respondent. Inasmuch as there was no notice issued to the petitioner, whereby the respondent indicated that he was not ready to accept the Enquiry Officers Report, the petitioner cannot be faulted for having assumed that the Enquiry Report that was in his favour would be accepted by the respondent. The respondent are directed to pass a fresh order after issuing a notice to the petitioner giving the reasons as to why the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer, then the notice issued to the petitioner in that regard should have clearly indicated that the respondent was proposing to disagree with the findings of the Enquiry Officer, and proceed against the petitioner in accordance with the proposal in the show cause notice initially issued to him. 2. Through a counter affidavit and an additional counter affidavit filed on behalf of the respondent, while the sequence of events leading to the passing of the impugned order is detailed, it is not disputed that, prior to the passing of the impugned order, the notice issued to the petitioner did not contain a proposal of the respondent disagreeing with the findings of the Enquiry Officer. In other words, there is nothing in the counter affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t not having issued a notice on the lines indicated above, I am of the view that Ext.P9 order passed by the respondent has taken the petitioner by surprise and to that extent it is in gross violation of the rules of natural justice. I therefore, quash Ext.P9 order and direct the respondent to pass a fresh order after issuing a notice to the petitioner giving the reasons as to why the respondent proposes not to accept the findings of the Enquiry Officer in Ext.P5 Report. The petitioner shall, thereafter, be afforded an opportunity to reply to the said notice and also be extended an opportunity for personal hearing, before the respondent proceeds to pass a fresh order as directed in this judgment. The respondent shall pass the fresh order wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
