N.V.ANJARIA, J.

1. The question which arises for consideration is whether the delinquent-employee is entitled to a notice by the disciplinary authority when the disciplinary authority disagreeing with the exoneration of the delinquent by the inquiry officer, records tentative finding of guiot, or whether the disciplinary authority could straightway proceed by issuing the notice for imposition of penalty.

2. The petitioner has prayed for setting aside of order of penalty dated 28th March, 2005 passed by the disciplinary authority in Departmental InquiryNo.03 of 2001 as well as the appellate order dated 31st March, 2011 passed by the second respondent in Departmental Appeal No.05. It is further prayed to set aside order dated 30th January, 2012 of the second respondent whereby prayer of the petitioner to reopen the departmental appeal was rejected. The petitioner has further prayed to set aside order of suspension dated 29th March, 2001 and pay to him the salary and intervening increments during the suspension period. It is prayed to reduce the penalty of withholding of two increments with cumulative effect, to withholding of one increment without cumulative effect.

2.1 An alt