Learned counsel for the appellant has argued that the appellant had denied the charges and the statement of allegations was issued to him by the respondents. According to the learned counsel, as, per authorities of the Hon'ble Supreme Court reported in 2009 SCMR 339 and 2009 PLC (CS) 19 as well as of this Tribunal reported in K.L.R 2006 Labour & Service Cases 185, when civil servant denies the charges/allegations, then holding of regular departmental inquiry is necessary. He also argued that major penalty cannot be imposed without holding a regular departmental inquiry and without affording; opportunity of defence to the civil servant. He stated that since the inquiry was dispensed with; which is not in accordance with law; hence, he requested that appeal may be allowed and remanded to the respondents for holding de novo departmental proceedings and giving opportunity of defence to the appellant.
2. Learned counsel for the respondents concedes to this position. He, however, stated that six months' time may be given to the respondents to hold de novo proceedings.
3. In the circumstances, we allow the appeal, set-aside the impugned order and remand the matter to the respondents for holding de novo departmental inquiry and providing opportunity to the appellant to put up his defence. The respondents are directed to complete the de novo inquiry within a period of four months from the date of receipt of a copy of this judgment. The appellant shall be reinstated in service. Question of back benefits shall depend upon the result of such denovo proceedings. No order as to costs.
4. Announced in open Court. Parties be informed accordingly.