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2011 Supreme(SC) 333

MUKUNDAKAM SHARMA, ANIL R.DAVE
Union of India (UOI) – Appellant
Versus
M. M. Sharma – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: P.P. Malhotra, ASG, J.S. Attri, Sr. Adv., Gaurav Sharma, M. Tatia, Madhurima Toho and Anil Katiyar, Advs.
For Respondents/Defendant: U.K. Singh, Ranjan Kumar and Geetika Sharma, Advs.

JUDGMENT

Mukundakam Sharma, J.

1. Delay condoned.

2. Leave granted.

3. The present appeal is directed against the judgment and order dated 27.09.2010 whereby the Delhi High Court partly allowed the writ petition filed by the Respondent herein by issuing a direction to the Appellants to pass a speaking order by giving reasons for imposing the penalty of dismissal from service in exercise of powers under Article 311(2)(c) of the Constitution and not any other penalty.

4. In order to appreciate the contentions raised by the parties hereto some basic facts leading to filing of the aforesaid writ petition in the High Court must be stated.

5. The Respondent was posted as First Secretary w.e.f. 02.07.2007 to 03.05.2008 in the Embassy of India, Beijing, China. While on special assignment, the Respondent came under adverse notice and was found to be involved in an unauthorized and undesirable liaison with foreign nationals of the host country. The conduct of the Respondent was enquired into by the Intelligence Bureau (IB). The Director, upon completion of the said inquiry forwarded a detailed report including findings of the Inquiry Officer. The aforesaid report was considered and it was felt tha
































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