( 1 ) THIS appeal is directed against the judgment of the Punjab and Haryana High court in a second appeal. By the impugned judgment, the judgment of the first appellate court was reversed and that of the trial Court was restored. The suit in question had been filed assailing an order of dismissal passed by the employer in a disciplinary proceedings after holding an enquiry, and on coming to a conclusion that the charges against the delinquent have been established. The trial judge came to the conclusion that the enquiry is vitiated on account of non-furnishing the report of the enquiry to the delinquent. He also came to the conclusion that there has been a denial of opportunity to the delinquent inasmuch as the subsistence allowance had not been paid. On appeal by the State Government, both the conclusions were set aside and the suit was dismissed. On a second appeal being carried by the delinquent, the High Court relying upon an unamended rule of the service rule came to hold that non-furnishing of report vitiates the entire proceedings, notwithstanding the judgment of this Court in Ramzan case AIR 1991 SC 471 : 1991 (1) SCC 588 : 1991-1- llj-29 holding that the judgment would ap