ORDER :

1. Leave granted

2. The appellant is aggrieved by the order of the High Court dated 19.08.2017 allowing the writ application of respondent no.1. The High Court set aside the order of removal and directed reinstatement of the respondent with consequential benefits opining that the departmental enquiry against the respondent had not been conducted in accordance with law.

3. The respondent, who was a clerk, was placed under suspension on 21.03.1994. Three charges were framed against him on 07.09.1994:

(a) Arbitrary installation of 15 electric poles.

(b) Non-compliance with the order for transfer and obtaining a stay order from the High Court.

(c) Acceptance of bribe from Matadin and eighteen other Scheduled Caste/Scheduled Tribe persons and making allotments to them without governmental approval.

4. The respondent was removed from service by order dated 20.07.1996, pursuant to a departmental enquiry. The appellate authority on 02.04.1997 set aside the order of removal after noticing procedural infirmities in the departmental enquiry. The matter was remanded for fresh enquiry with the further direction that the respondent would continue under suspension in the meantime. A fresh enquir