S/1 S.B. CIVIL WRIT PETITION NO.5721/2007 [JWO VS PANCHAL VS. UNION OF INDIA] DATED : 13.03.2008. HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.K.K.Shah for the petitioner; Mr. Kuldeep Mathur for the respondent. ***** By this writ petition, the petitioner has challenged the action of the respondents for holding disciplinary inquiry based on finding of court of inquiry proceedings which otherwise are challenged being in violation of the provisions of Act and Rules applicable to such court of inquiry. Since during the course of argument learned counsel for the respondent was asked to show compliance of Rule 156 (2) of the Rules and Para 790, though the arguments were made but not found to be entirely to the satisfaction of the court. In view of the above situation learned counsel appearing for the respondent along with officers Wing Commandar S.N.Dwivedi stated that instead of passing any adverse order in this matter, they may be given liberty to hold court of inquiry again/afresh which otherwise would be conducted following the provisions of Rules as are applicable. In view of the aforesaid circumstances the respondents are directed not to proceed in the matter based on court of inquiry earlier conducted but would be free to initiate court of inquiry again/afresh in accordance with Rules. If the court of inquiry is conducted, the petitioner is directed to cooperate and remain present as and when asked for and desired by the respondents. It is also expected from the respondents also to conduct the court of inquiry by providing necessary opportunity of hearing to the petitioner as otherwise provided under the Rules and Para 790. The writ petition is accordingly disposed of with liberty to the respondents to hold a fresh court of inquiry. [M.N.BHANDARI],J. MAMTA