( 1 ) HEARD: Writ petitioner-respondent was subjected to a disciplinary enquiry, served with the memo of charges, called upon to participate in the enquiry and after a full-dressed enquiry punished by an order of compulsory retirement from service. He has moved this Court and invoked its jurisdiction under art. 226 of the Constitution. The learned Single Judge has found no fault either with the enquiry or the findings in respect of the charges, but has held that punishment is disproportionate to the alleged misconduct and substituted the punishment of compulsory retirement by an order withholding increments.

( 2 ) WE do not think it necessary in this case to narrate in our order how at the first instance the writ petition was ordered by substituting the punishment of compulsory retirement by the punishment of reduction in rank and how on an application for review of the judgment and order the petition was restored for a fresh hearing and after a hearing again the above order has been passed for in our view there is an error apparent on the face of the record in the Court entering into the area of discretion of disciplinary authority to decide about the sufficiency o