1 S.B.CIVIL WRIT PETITION NO.1959/2007 N.Balasubramanian v. Rajasthan State Mines & Minerals Ltd. & Ors. Date of Order :: 14th July, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Dr. Sachin Acharya, for the petitioner. Mr. M.R.Singhvi, for the respondents. .... The Managing Director, Rajasthan State Mines & Minerals Limited, by an office order dated 15.1.2007 ordered that the petitioner shall not be entitled for any payment other than the subsistence allowance already paid to him for the period 19.4.2004 to 30.4.2004 and the amount of Rs.17,615/- being 10% of the amount for unavailed leave at the time of retirement to be forfeited and that will be treated as one time symbolic penalty for the loss incurred by the company on account of negligence of the petitioner. While assailing validity of the order aforesaid, the contention of the petitioner is that the inquiry officer exonerated him but the disciplinary authority without assigning any reason and also without giving any notice to the petitioner regarding disagreement with the findings of the inquiry officer imposed a penalty. 2 The respondents in their reply have accepted the fact above by stating that “the inquiry report was considered and its findings were not found correct, therefore, the disciplinary authority recorded its finding and came to the conclusion that the petitioner is guilty of misconduct and accordingly he was awarded punishment”. From perusal of the order impugned dated 15.1.2007, it is apparent that no reason for disagreement with the findings of the inquiry officer is given. Admittedly, no notice was also given to the petitioner by the disciplinary authority while disagreeing with the findings of the inquiry officer, thus, the order impugned is apparently bad in eye of law, hence, the same deserves to be quashed. This petition for writ, therefore, is allowed. The order impugned dated 15.1.2007, passed by the Managing Director, Rajasthan State Mines & Minerals Ltd., is quashed. The petitioner shall be entitled for all the reliefs consequential to quashing of the order impugned dated 15.1.2007. ( GOVIND MATHUR ),J. kkm/ps.