Biren Vaishnav, J.

This Letters Patent Appeal arises out of an oral judgement dated 05.10.2016 passed by the learned Single Judge. The appellant was the original petitioner who filed the writ petition before the learned Single Judge being Special Civil Application No. 14975 of 2005 challenging an order of imposition of penalty pursuant to departmental proceedings held against him. The learned Single Judge while quashing the order of penalty, remitted the matter to the State Government for fresh consideration under Rule 10(2) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971.

According to the learned Single Judge, the disciplinary authority ought to have given reasons for disagreement so as to give an opportunity to the petitioner to make good his case on the Inquiry Officer's findings. A further direction was issued to the State Government to look into the report of the Inquiry Officer and assign cogent and appropriate reasons for disagreement, if any, with the report of the Inquiry Officer.

2. The undisputed facts which give rise to the present a