Judgment

Leave granted.

2. The appellant was proceeded against Departmentally when the Inquiry Officer found him guilty of the charges framed against him and submit­ted his report dated 17th November, 1992 to the Disciplinary Authori­ty. After issuance of show cause notice to the appellant seeking his reply, the Disciplinary Authority agreed with the Inquiry Officer and dismissed the appellant from service vide Memo dated 12th February, 1993. The order of dismissal was put in issue by the appellant by instituting a civil suit for declaration that the order of dismissal from service was void and illegal and that the appellant was entitled to be reinstated. On 21st August, 1995, the suit was dismissed. The appeal filed by the appellant before the learned District Judge, however, succeeding and on 30th July, 1996, the learned District Judge allowing the appeal declared that since proper procedure had not been followed and the appellant had been denied the facility of a Defence Assistant after his earlier Defence Assistant had ceased to act for him, the order of dismissal was illegal. The appellant Court, however, granted liberty to the respondent to continue with the Departmental Inquir