( 1 ) NOTICE be issued to show cause as to why rule nisi be not issued.

( 2 ) MR. Aditya Madan, Advocate accepts notice on behalf of the respondent. Heard.

( 3 ) THIS writ petition can be disposed of at this stage itself. In the impugned order the Tribunal recorded that there was a finding of fact that the petitioner removed the photocopy of the cast certificate and did not return the same to the department. The Tribunal opined that they would not like to interfere with the finding of fact and held that penalty of dismissal from service was disproportionate to the alleged misconduct. The Tribunal remanded the matter to the disciplinary authority to impose any other penalty other than dismissal or removal from service.

( 4 ) I. earned Counsel for the petitioner has drawn our attention to pages 43-44 of the paper book to highlight his plea that the inquiry officer did not hold that the petitioner had removed the photo copy of the caste certificate. The finding at page 44 is that the petitioner through application under proper signature took the photocopy of the caste certificate from Fauzi Missal on 13. 2. 1998 and the charge was that he never deposited it back desp