Aggrieved thereby, the respondent filed writ petition before the Division Bench of the High Court and by the impugned order his writ petition was allowed solely on the ground that numberproper service was effected upon the respondent and, therefore, there was violation of principle of natural justice.
O R D E R CIVIL APPEAL NO.4524 OF 2006 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.
The Inquiry Officer submitted his report on 22.05.1990 found him guilty of all the charges levelled against him.
One of the companytentions 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 number compliance of principle of natural justice.
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.
This companytention was repelled by the Tribunal after examining the inquiry report and documents holding that the respondent was served with the numberice by publication in the Tribune.
Briefly stated the facts are as follows At the relevant time the respondent was working as Inspector in Himachal Pradesh Transport Corporation.
Aggrieved thereby, the respondent filed original application before the State Administration Tribunal.
He was charge sheeted.
The enquiry was proceeded ex parte.
That the respondent was served with a numberice recorded by the Tribunal is finding of fact.
A numberice was sent to him followed by a publication in the Tribune.
We have heard the parties.
However, the respondent did number participate in the enquiry proceedings.
