JUDGMENT:

ORDER

1. Aggrieved by the order of the High Court dated 23.12.2004 setting aside the order of the Tribunal dated 28.06.1999 this appeal is preferred by the Himachal Pradesh Transport Corporation.

2. We have heard the parties.

3. Briefly stated the facts are as follows :

At the relevant time the respondent was working as Inspector in Himachal Pradesh Transport Corporation. He was charge-sheeted. A notice was sent to him followed by a publication in the Tribune. However, the respondent did not participate in the enquiry proceedings. The enquiry was proceeded ex parte. The Inquiry Officer submitted his report on 22.05.1990 found him guilty of all the charges levelled against him. The disciplinary authority after perusing the inquiry report and after the application of mind terminated the services of the respondent by its order dated 16.06.1994.

4. Aggrieved thereby, the respondent filed original application before the State Administration Tribunal. One of the contentions raised before the Tribunal was that the inquiry proceeded ex parte and the order of termination is passed without hearing the respondent and, therefore, the order of termination suffered from the non-compl