CWP (T) No. 2352 of 2008 19.3.2009 Present: Mr. Pankaj Negi vice counsel for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondents. The disciplinary proceedings were initiated against the petitioner. Inquiry Officer was appointed. He submitted report to the Disciplinary Authority. The petitioner was exonerated by the Inquiry Officer. However, the Disciplinary Authority disagreed with the inquiry report. He without issuing notice to the delinquent imposed the penalty under Rule 11 of the CCS (CCA) Rules, 1965. It is settled law that when the Disciplinary Authority disagrees with the findings of the Inquiry Officer, he has to issue show cause notice to the delinquent. In the present case, no notice has been issued to the delinquent, as noticed above. Since the basic principle has not been adhered to by the Disciplinary Authority, the order passed by the Disciplinary Authority on 12.9.1994 is required to be quashed and set aside. Accordingly, the writ petition is allowed. The order dated 12.9.1994, Annexure A-5 is quashed and set aside. It is, however, open to the Disciplinary Authority to issue show cause notice to the delinquent on the basis of the report furnished by the Inquiry Officer. No costs. (Rajiv Sharma), J. March 19, 2009. (cr)