Law: Government Servants (E & D) Rules, 1973, Service Tribunals Act, 1973 (LXX of 1973

Section: R. 3(a)(b) and (c), S. 4-

Government Servants (E & D) Rules, 1973—

----R. 3(a)(b) and (c)--Service Tribunals Act, 1973 (LXX of 1973), S. 4--Appointment as senior auditor--Allegations of--Dismissal from service--Departmental appeal--Un-responded--Misappropriation of public funds--Bogus pension bills--Denovo inquiry--Show-cause notice--Government policy--Inquiry report--Withdrawal of first charge sheet--Second inquiry--Reinstatement of appellant--The authority, had power to disagree with recommendations of inquiry officer, but for that solid reason has to be assigned, which was missing and nothing had been brought before us for utilizing such power--Impugned order has been passed without providing chance of defence to appellant, as such, same was set-aside with directions to respondents to reinstate appellant in service with full back benefits as impugned order was held to illegal and tainted with malafide--Appeal allowed. [Pp. 143 & 144] A & B