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JAGDISH SINGH KHEHAR, B.S.CHAUHAN
CHAIRMAN, LIC OF INDIA – Appellant
Versus
A. MASILAMANI – Respondent
Key Points: - The Court remitted the matter to the disciplinary authority to conduct a fresh inquiry from the point at which it stood vitiated, considering gravity of charges (!) (!) (!) - It held that when a court/quashes a disciplinary order on technical/natural justice grounds, it cannot reinstate the employee; instead, the matter must be remitted for proceeding from the vitiated stage (!) (!) - The appellate/disciplinary authorities must apply "consider" with intense application of mind and cannot simply adopt lower authority’s language; findings must be justified (!) (!) (!)
JUDGMENT
Dr. B.S. Chauhan, J.-Leave granted.
2. This appeal has been preferred against the impugned judgment and order dated 10.1.2011, passed by the High Court of Judicature at Madras in Writ Appeal No. 7 of 2011, by way of which, the Division Bench affirmed the judgment and order dated 17.2.2010, passed by the learned Single Judge in Writ Petition No.11152 of 2002, by way of which, the disciplinary proceedings initiated by the appellants against the respondent have been quashed.
2. Facts and circumstances giving rise to this appeal are as under:
(A) The respondent was working with the appellant-Corporation as a Higher Grade Assistant at its Namakkal Branch. He had applied for, and obtained, a housing loan on 20.6.1991 from the India Housing Finance & Development Ltd., Salem, for the purpose of construction of his house to the extent of 1095 sq.ft., and had also applied to the appellant- Corporation for a housing loan, under the Corporation’s Individual Employees Housing Scheme for the purpose of completing construction of the said house. An amount to the tune of Rs.1,30,000/- was outstanding, against the loan availed by the respondent from the India Housing Finance & Development
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