JUDGMENT

C.K. THAKKER, J. 1. Leave granted.

2. The Haryana Financial Corporation (hereinafter referred to as `the Corporation), being aggrieved by the decision of the High Court of Punjab & Haryana dated November 6, 2006 in Civil Writ Petition No. 8299 of 2005 has approached this Court. According to the appellant, the order passed by the High Court is not in consonance with law laid down by this Court in several cases, particularly, a decision of the Constitution Bench of this Court in Managing Director, ECIL, Hyderabad & Ors. V. B. Karunakar & Ors., (1993) 4 SCC 727.

3. To appreciate the grievance voiced by the Corporation, few relevant facts may be stated; The respondent herein (writ petitioner before the High Court) Kailash Chandra Ahuja was appointed as Technical Officer in the Corporation in June, 1979. According to the appellant-Corporation, he was given `warning in 1984. In 1993, he was working as Deputy General Manager. In 1997, he was reprimanded. On August 17, 1999, he was working as Branch Manager at Branch Office, Rewari.

4. The Corporation initiated proceedings against the writ-petitioner in accordance with Regulation 41 (1) and (2) of Punjab Financial Corporation (Staff) Regulations, 1961 (hereinafter referred to as `the Regulations) on the allegations enumerated in the Statement of Charges. The statement related to commission and omission on the part of the writ-petitioner. The writ petitioner submitted a reply on December 14, 1999.

5. An Inquiry Officer was appointed who submitted his report on December 15, 2000 and exonerated the writ-petitioner of all the charges. According to the Corporation, however, the report of the Inquiry Officer suffered from certain deficiencies. Hence, the Managing Director of the Corporation asked the Inquiry Officer vide a communication dated June 19, 2001 and sought clarification. The matter was remanded to the Inquiry Officer with the advice to clarify the points within 15 days. The Inquiry Officer called the delinquent to appear before him on August 7, 2001. The delinquent appeared and participated in the proceedings without any protest. The Inquiry Officer then submitted his findings vide his report dated September 5, 2001 holding the delinquent guilty.

6. A notice was thereafter issued by the Managing Director of the Corporation to the delinquent on December 18/20, 2001 to show cause why he should not be dismissed from service under Regulation 41 (1) (e) of the Regulations. The delinquent filed his reply on February 8, 2002. He was granted personal hearing and was dismissed from service by a speaking order dated April 4, 2002. The delinquent preferred an appeal before the Board of Directors of the Corporation under the Regulations but the said appeal was also dismissed by the Board by an order dated January 27, 2005. The delinquent, therefore, filed a writ petition in the High Court of Punjab & Haryana which, as stated above, was allowed by the High Court setting aside the order dated April 4, 2002 passed by the Corporation. It is this order which is challenged by the Corporation in the present appeal.

7.Notice was issued by this Court on April 9, 2007. The respondent-writ petitioner appeared through an advocate and waived service of notice upon him. Time was granted to file affidavit-in-reply as well as rejoinder. Meanwhile, the order passed by the High Court impugned in the present appeal was also stayed. On January 10, 2008, the Registry was directed to place the matter for final hearing on a non- miscellaneous day. The matter thus has been placed for final disposal before us.

8. We have heard learned counsel for the parties.

9. The learned counsel for the Corporation submitted that as is clear from the order passed by the High Court, the respondent- writ petitioner had raised a "short issue" before the Court. It was contended that the Disciplinary Authority i.e. Managing Director did not furnish a copy of the inquiry report before recording a finding that he had accepted the