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2024 Supreme(Online)(HP) 4853

HIGH COURT OF HIMACHAL PRADESH
TARLOK SINGH CHAUHAN,J, SUSHIL KUKREJA,J
ASHWANI KUMAR JOSHI – Appellant
Versus
HP STATE INDUSTRIES DEVELOPMENT CORP. LTD. – Respondent


Petitioner Advocates:Abhilasha Kaundal ,Respondent Advocate: Lalit K. Sharma Lalit Kumar Sharma

ORDER

(Annexure A-9) dated 15.11.2016, as also the decision on Item No. 201.12 taken in meeting of BOD on 30.09.2016 (Annexure A-8), also as the order dated 24.07.2015 (Annexure A-4) and the order dated 30.01.2019 (Annexure A-13) may very kindly be quashed and set aside in the interest of law and justice.

2. That respondents may very kindly directed to refund the entire amount be of recovery which has already been recovered from the applicant to the tune of Rs. 1,20,859/- with interest @9% per annum in the interest of law and justice.”

8 Since these are the admitted facts and the respondents have not controverted the same, therefore, we have proceeded to hear the matter.

9 Evidently, there has been blatant violation of Rule 15 of CCS (CCA) Rules when the disciplinary authority failed to follow the procedure as prescribed under sub Rules 1 and 2 thereof, which provide for as under:-

    “15. Action on inquiry report (1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry a

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