JUDGMENT
B.C. Patel, C.J.
1. This appeal is filed against the order made by learned Single Judge in Civil Writ Petition No. 5431 of 2000 on 10.09.2002. By allowing the petition, learned Single Judge held that the petitioner should be held entitled to all the consequential benefit still date he was superannuated and all the pensionary benefits thereafter.
2. In the instant case, there were departmental proceedings against the LPA975/2002 Page 1 of 3 petitioner. The report was submitted by the Inquiry Officer holding the delinquent officer not guilty. However, the Disciplinary Authority on considering the material placed before it arrived at a conclusion that the case requires reconsideration andssued show cause notice to the petitioner.
3. After hearing the petitioner, the order of terminating the services of the petitioner came to be passed which was challenged before learned Single Judge.
4. In our opinion, learned Single Judge has rightly pointed out that the relevant material which was taken into consideration by the Disciplinary Authority was not provided to the delinquent, therefore, the order is not in accordance with law and the order made by the Disciplinary Authority has thus been rightly set aside. However, in such a situation what was required to be done was that a direction was required to be issued to the Disciplinary Authority to proceed further in accordance with law i.e.o proceed after supplying the relevant document to the delinquent. On this issue there is consensus and, therefore, we are not required to give detailed reasons. Therefore, this appeal is required to be allowed by directing the Disciplinary Authoritto proceed afresh in accordance with law after supplying copies of documents which were relied and were not supplied to the delinquent.
5. The grievance made by learned counsel for the respondent, as considered by learned Single Judge, has some basis to the extent that the order passed prior to issuance of the show-cause notice at pages 130-131 seems to suggest that a decision had been taken to punish the petitioner. The order is LPA 975/2002 Page 2 of 3 not very happily worded. There can be no doubt that on consideration of the report of the Inquiry Officer, the Disciplinary Authority would have recorded reasons for differing from the conclusion. The same would be tentative in nature and would form the basis of issuance of the show-cause notice. In view thereof, we clarify that what has been recorded by the Disciplinary Authority therein can only be the tentative finding, which resulted in the show-cause notice and the reply of the petitioner has toe considered after supplying copies of the documents relied upon by the Disciplinary Authority, which were not earlier given to the petitioner as per the finding arrived at by learned Single Judge. Needless to say, the Disciplinary Authority will confine itself to only the charges framed and shall decide the matter strictly in accordance with law.
6. Considering the fact that the delinquent has already been superannuated, we direct that proceedings shall be completed within a period of three months. The appeal stands allowed with no order as to costs.