ORDER

1. Leave granted.

2. We have heard counsel for the parties.

3. This special leave petition has been preferred against the judgment and order dated 18-7-2003 of the High Court of Madhya Pradesh, Jabalpur, Bench at Gwalior in Writ Petition No. 1262 of 2000. The High Court by its impugned judgment and order set aside the order passed by the Madhya Pradesh Administrative Tribunal, Gwalior Bench in Original Application No. 1628 of 1999.

4. In sum and substance, the High Court has held that the disciplinary authority could not proceed with the proceeding after lapse of period granted to it by the Tribunal. That period having expired on 15-5-1999, the disciplinary authority could not proceed further with the inquiry.

5. We had issued notice in the matter limited to the question as to whether the inquiry may not be resumed afresh from the stage the time allowed by the Tribunal for the conclusion of the inquiry had expired.

6. We have heard counsel for the parties and we are of the view that it is only fair to set aside the order of the High Court and remit the matter to the inquiry officer to resume the disciplinary proceeding from the stage reached on 15-5-1999. All proceedings taken before that date shall remain as they are and the disciplinary authority will proceed further to examine evidence and submit its report. This should be done within a period of four months from b the date on which a copy of this order is produced before the inquiry officer by any of the parties.

7. Counsel for the appellant submits that some witnesses have been examined on 22-4-1998 on which date the appellant was absent and, therefore, he could not cross-examine those witnesses. We wish to make no observation and it is for the appellant to make an appropriate prayer before the inquiry officer. Counsel for the appellant submits that he also wishes to examine defence witnesses. He may make a request before the inquiry officer.

8. Accordingly, the impugned judgment and order of the High Court is set aside subject to the observations contained in this order. The inquiry report as directed by us will be submitted within the period granted by this order whereafter the disciplinary authority will pass its order within a period of four weeks from the date of submission of the inquiry report by the inquiry officer. This is without prejudice to the right of the appellant to challenge the said order in case it goes against him.

9. The special leave petition is disposed of in the above terms.