TMI Blog2021 (9) TMI 1468X X X X Extracts X X X X X X X X Extracts X X X X ..... n to the appellant to send a representation, based on which the representation has already been sent. Admittedly, no appeal has been preferred by the respondents/State. In reply, the learned Government Advocate appearing for the respondents would submit that the representation of the appellant is pending before them and that they will take a decision within a period of three weeks from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity, when the Court has held that there is no proper enquiry and that the order of the Appellate Authority is also a non speaking one. Further, no separate finding has been rendered by the Appellate Authority who mechanically confirmed the order of the Disciplinary Authority. As there is no financial loss caused to the respondents in the writ petition and that even though there is a lapse on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge, even though writ appeal has been filed, he has given a representation to the Appellate Authority. He cannot be permitted to ride two horses at the same time one by approaching the Appellate Authority for reduction in punishment and keep the matter pending and another by filing the present writ appeal contending that enquiry held to be incorrect, the matter shall go back to the Enquiry Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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