Proposing a specific punishment within a show cause notice is improper as it indicates a predetermined mind; the Disciplinary Authority must decide the penalty independently after considering the employee's response and enquiry findings.

19240/2018).

4. Considered the arguments.

5. This Court in the case of Ashok Solanki (supra) has considered the same aspect. Proposing the punishment in the show cause notice itself was not appreciated by this Court as it reflects the intention of the authority. Dealing with such a situation, tis Court issued following directions in para 7 :-

"7. Consequently, in the opinion of this court the affording of a third opportunity by issuing impugned show cause notice though cannot be found fault with but while doing so the Disciplinary Authority should not have proposed any punishment in the impugned show cause notice, P/1. This court is thus compelled to interfere in the present matter to a limited extent by disposing of this petition in the following terms:-

(a) The petitioner shall file reply to the impugned show cause notice within a period of 30 (Thirty) days from today which shall be considered by the Disciplinary Authority without being prejudiced by the punishment proposed in the impugned show cause notice, P/1, dated 1/8/2018.

(b) The Disciplinary Authority while considering response of petitioner shall not only consider the implicative evidence in the enquiry report but also the defence of the delinquent employee/petitioner submitted earlier by way of two responses to the enquiry report and the third response to the impugned show cause notice and thereafter decide on the question of acceptance or otherwise of the Enquiry Officer's findings and if findings are accepted then on the question of quantum of penalty without being influenced by the proposed punishment in the impugned show cause notice, as expeditiously as possible by passing a speaking order."

6. In view of the aforesaid, petitioner's grievance would be redressed if the same directions are issued in the instant case also.

7. Accordingly, this petition is disposed of at the initial stage itself, with the observation that directions issued by this Court in the case of