2005 INSC 0659
(Supreme Court Of India)
Kendriya Vidyalaya Sangathan
v.
Abdul Khader Darga & Others
(Y.K. Sabharwal and C.K. Thakker,JJ.,)
C. A. No. 4808 of 2005 | 05-08-2005

1. The office report dated 29th July, 2005 shall be complied with by learned
Counsel for the petitioners within one week.

2. Leave granted.

3. The first respondent, after departmental inquiry, was removed from service.
The order of removal has, however, been set aside by the Central
Administrative Tribunal, Bangalore, directed reinstatement with fifty per cent
back wages. The order of the Tribunal has been confirmed by the High Court
but liberty has been reserved to the Management-appellant to hold a fresh
departmental inquiry, if they so desire. The Management has challenged the
order of the Tribunal as also of the High Court.

4. The main ground on which the order of removal has been set aside by the
Tribunal was violation of principles of natural justice inasmuch as the
respondent, in departmental proceedings, was proceeded ex parte on 12th June,
2000 and the said order was not recalled despite the employee's representations
immediately thereafter, i.e., on 2nd June, 2000 and 24th July, 2000.

5. Notice has been issued to the respondent-employee limited to the question
also to why the inquiry proceedings against him may not proceed from the stage
when he was proceeded ex parte on 12th June, 2000. We have heard learned
Counsel for the parties and are of the view that the matter deserves to be
disposed of in terms of the order made while issuing limited notice to the
employee/first respondent.

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6. Accordingly, we set aside the impugned judgment of the High Court, the
order of the Tribunal and also the order imposing on the respondent punishment
of removal and direct the inquiry to be continued from the stage when the
respondent was proceeded ex parte on 12th June, 2000. We direct expeditious
finalization of inquiry proceedings. We have been assured that the employee
will fully cooperate in the inquiry so that it can conclude preferably within a
period of two months of the receipt of the copy of this order. Soon thereafter,
appropriate orders would be passed by the Disciplinary Authority on the basis
of the inquiry. During the pendency of the inquiry, the first respondent-
employee would be on deemed suspension and subsistence allowance would be
paid to him in accordance with rules.

7. We express no opinion on merits, one way or the other. All pleas, legal and
factual would be available to the parties in accordance with law.

8. The appeal is disposed of in the above terms.

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