JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the correctness of the judgment rendered by a Division Bench of the Rajasthan High Court, Jodhpur allowing the D.B. Civil Special Appeal (Writ) No. 617 of 2003 filed by the respondent. By the impugned order the High Court held as follows :

“In view of the aforesaid discussion, we are of the view that the impugned order of termination dated 8th August, 1995 suffers from the procedural error leading to the manifest injustice or the vice of violation of principles of natural justice.

Consequently, special appeal is allowed. The order of the leaned Single Judge dated 22nd July, 2003 is set aside. The writ petition is allowed. The order of the Disciplinary Authority dated 3rd August, 1995 - Annexure - 1 and the order of the Appellate Authority dated 28.12.1995 - Annexure - 2 are quashed and set aside. It is directed that the appellant shall be reinstated in service with all consequential benefits.”

3. On 27.9.2004 notice was issued by this Court limited to sustainability of High Court’s judgment vis-a-vis charge Nos. 6 and 7.

4. A brief reference to the factual aspects would suffice.

5. The respondent was dismissed fr