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2020 (4) TMI 636 - HC - Indian LawsRejection of order of dismissal from the civil services passed by the disciplinary authority - HELD THAT:- It is a case wherein the petitioner has been provided with opportunity of hearing, he has been provided with an opportunity to cross examine the witnesses, basis upon which in the first enquiry report the charges having not been found to be proved but in the second enquiry report three charges have been found to be proved - This Court is of the view that since the fact finding has been recorded by the second enquiry officer, basis upon which the order of punishment of dismissal from services has been passed which has been affirmed by the appellate forum, but, the appellant/writ petitioner has failed to point out any infirmity in the decision making process, warranting this Court to interfere with the charges or the finding recorded by the enquiry officer and therefore, this Court is not inclined to interfere with the same in exercise of power of judicial review by appreciating the evidence otherwise, this Court will be said to be a Court of appeal as has been held by the Hon’ble Apex Court hereinabove. This Court is not interfering with the finding recorded by the enquiry officer but interfering with the quantum of punishment of dismissal from services by quashing and setting it aside - In consequence thereof, the order passed by the disciplinary authority and the appellate authority are quashed to the extent of quantum of punishment. The matter is remitted before the disciplinary authority to take fresh decision on the quantum of punishment within a period of three months from the date of receipt of copy of the order - Appeal allowed by way of remand.
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