Order

1.Heard learned counsel for both the parties.

2.We have gone through the Order passed by the Division Bench of the Calcutta High Court and we are in full agreement with the same.

3.The respondent was charge-sheeted and an informal enquiry was held against him and he was found guilty of all the charges except one charge. However, the Disciplinary Authority was not competent to pass a major penalty. Therefore, all the papers were placed before the competent authority for passing the major penalty. The Appointing Authority passed the major penalty of dismissal from service without hearing delinquent.

4.This was challenged by filing a writ petition before the High Court of Calcutta. Learned Single Judge dismissed the petition and the appeal filed by the delinquent is succeeded. The Court interpreted the Rule 68(3)(iii) which reads as under :

“If the Disciplinary Authority, having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in rule 67 should be imposed on the officer, it shall, notwithstanding anything contained in sub-rule (4), make an Order imposing such penalty.

Provided that where the Disciplinary Authority i