JUDGMENT

Ranjan Gogoi, J.-Leave granted.

2. This appeal is directed against the judgment and order dated 7.2.2007 passed by the High Court of Jammu and Kashmir whereby the High Court has allowed the Writ Petition filed by the respondent challenging the punishment of removal from service that was imposed on him by the Cantonment Board, Jammu. It may be noticed, at the outset, that the High Court had allowed the Writ Petition of the respondent on the ground that the order of the Officer Commanding-in-Chief, the Command, affirming the order of the Cantonment Board removing the respondent from service was passed on the basis of an invalid reference made to the Officer Commanding- in-Chief, the Command, under the provisions of the Cantonments Act, 1924 (hereinafter referred to as the ‘Act’).

3. A brief conspectus of the relevant facts would be necessary at this stage. The respondent, Jagat Paul Singh Cheema, was employed as a Section Officer with the Cantonment Board, Jammu. On various charges a departmental enquiry was held against the respondent, whereafter he was removed from service by an order dated 6.9.1997. The appeal filed against the said order was dismissed. The respondent, th