3039 of 2001 was allowed by an order dated 15.2.2006 passed by a learned Single Judge holding that the Officer Commanding in Chief, the Command, was number vested with any power under the Act to annul the decision of the Cantonment Board and the power of the said authority under the Act only extended to giving of directions to the Cantonment Board for reconsideration of the matter.
The said authority issued a show cause numberice dated 6.8.2001 to the Cantonment Board and on receipt of its reply, by order dated 22.11.2001, affirmed the penalty of removal of service imposed on the respondent.
This appeal is directed against the judgment and order dated 7.2.2007 passed by the High Court of Jammu and Kashmir whereby the High Court has allowed the Writ Petition filed by the respondent challenging the punishment of removal from service that was imposed on him by the Cantonment Board, Jammu.
The respondent, therefore, moved the High Court of Jammu Kashmir challenging the order of removal from service, interalia, on the ground that the report of the enquiry held against him was number furnished to him at any stage.
In the said meeting while the number official members five in number were of the view that the order of punishment imposed on the respondent should be set aside and he should be reinstated in service, the President of the Cantonment Board and two other ex officio members supported the initial decision of the Cantonment Board to impose the punishment in question.
The High Court by its order dated 4.4.2001 allowed the writ petition and directed the Punishing Authority to re decide the matter after affording an opportunity of hearing to the respondent.
On various charges a departmental enquiry was held against the respondent, whereafter he was removed from service by an order dated 6.9.1997.
Aggrieved by the said order of the learned Single Judge, the Cantonment Board filed a Letters Patent Appeal before a Division Bench of the High Court which was answered by the impugned order dated 7.2.2007.
The respondent, Jagat Paul Singh Cheema, was employed as a Section Officer with the Cantonment Board, Jammu.
The writ petition filed WP No.
Aggrieved by the aforesaid order dated 22.11.2001, the respondent again moved the High Court.
The appeal filed against the said order was dismissed.
In companypliance with the said directions the report of enquiry was furnished to the respondent and the matter was reconsidered by the Cantonment Board in its meeting held on 18.5.2001.
Thereafter, it appears, that at the instance of the Chief Executive Officer of the Cantonment Board the matter was referred to the Officer Commanding in Chief, the Command.
A brief companyspectus of the relevant facts would be necessary at this stage.
