( 1 ) THIS is an appeal directed against order dated September 4, 1998 passed by a learned single Judge whereby the learned single Judge allowed the writ petition and set aside the order of punishment imposed upon the petitioner by the disciplinary authority as well as by the appellate authority. However, the Learned single Judge directed the Chairman-cum-managing Director of Coal India Limited to initite an appropriate departmental proceedings against the petitioner from the stage of appointing an enquiry officer and a presenting officer and such proceedings would be held de novo. Aggrieved against this order the present appeal has been filed by the Management.

( 2 ) BRIEF facts which are necessary for disposal of this appeal are that the petitioner at the relevant time was a Chief Mining engineer/project Manager in Kooridih colliery belonging to Bharat Coking Coal Ltd. He was charge-sheeted on September 15, 1992 for failure to maintain devotion to duty and for acting in a manner prejudicial to the interest and image of the company. That he was negligent in the performance of duty. On the basis of this charge-sheet an enquiry was initiated against the peti