1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 3182 OF 1997 --------------------------------------------------------------------------------------------------------------- Office Notes, office memoranda of Coram, } appearances, Court's orders or directions } Court's or Judge's orders and Registrar's orders. } } --------------------------------------------------------------------------------------------------------------- Mr. Sunil Warad, Advocate for petitioner. Mr. K.B.Choudhari, Additional Govt. Pleader for State. .................. CORAM : B.R. GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 21/6/2010 PER COURT : 1. The petitioner has approached this Court challenging the order dated 21/9/1996, thereby dismissing the Appeal filed by the present petitioner challenging the order passed by the disciplinary authority dated 31/7/1995. 2. The petitioner approached this Court contending that the disciplinary authority has passed an order for removing him from the services. It is further submitted that the punishment is grossly disproportionate to the charges found to be proved against the petitioner. 3. The petitioner has further submitted that the appellate authority has passed the impugned order without giving an opportunity of hearing to the petitioner and without assigning any reasons. 2 4. The Full Bench of this Court in the case of Anil Amrut Atre V/s District and Sessions Judge, Aurangabad - reported in 2002 ( 3 ) Mh. L.J. - 750, while considering the rules, which also governs the present case has held that the appellate authority before affirming the order passed by the disciplinary authority should give an opportunity of hearing to the concerned person and also record reasons in the order if the Appeal is rejected. The facts of the present case are squarely covered by the said Judgment. The impugned order is quashed and set aside. The matter is remitted back to the respondent no. 2 for deciding afresh in accordance with law laid down by the Full Bench of this Court cited supra. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 3182.97