KULDIP SINGH, J. -

1. THE judgment dated 1.4.2009 in CWP(T) No.2138 of 2008 has been assailed in the appeal whereby order dated 25.3.1992 passed by Chairman of the appellant, imposing penalty of removal from service of the respondent has been quashed.

2. THE facts in brief are that disciplinary proceedings were initiated against the respondent on 4.6.1987. The inquiry was conducted and Inquiry Officer submitted his report to Disciplinary Authority, a copy of inquiry report was sent to respondent on 13.2.1992. The respondent filed reply to the inquiry report and Disciplinary Authority on 25.3.1992 had imposed major penalty of removal from service of the respondent. The reply filed by respondent against the Whether the reporters of the local papers may be allowed to see the Judgment? Yes inquiry report was not considered by the Disciplinary Authority. The appeal filed by respondent was not decided by the Appellate Authority. The order imposing penalty upon the respondent was wrong, illegal and was the result of non-consideration of reply of the respondent.

The appellant contested the petition. It was contended that inquiry was conducted in accordance with rules. The respondent