Judgment 1. Heard counsel for the parties and considered the counter affidavit filed on behalf of the State. 2. This writ application is directed against the order of removal as contained in Annexure-1. 3. Learned counsel submitted that since the petitioner did not join the transferred post, he has been penalized by the order of removal from services. Learned counsel further submits that the appeal filed by the petitioner has been dismissed by cryptic order as contained in Annexure-1/A and the appellate forum has not considered the case of the petitioner in its right perspective. 4. A counter affidavit has been filed on behalf of the respondents stating therein that the petitioner was proceeded against departmentally for disobedience of the directions of the authorities and also using abusive language to his superior authorities and charges was substantiated in course of enquiry and it is a proved case of misconduct and, therefore, the order of removal has been passed. 5. I have perused the orders impugned as contained in Annexures 1 and 1/A. From Annexure-1/A, the order passed by the appellate forum, it appears that the case of the petitioner was not considered on merit and in most mechanical way, order of dismissal has been affirmed. 6. The order of dismissal from services is the extreme penalty provided in law and while inflicting such punishment, the disciplinary authority should give anxious consideration of the matter as it would be question of livelihood of the delinquent employee and at the same time, they should also be alive of the situation that proposed punishment should not be disproportionate to the guilt. From the order of the appellate orum, it does not appear that sufficient easons have been assigned for affirming he order or removal. The order passed by the appellate forum, in that view of the matter is not sustainable in law and the matter requires fresh consideration at the stage of appeal. 7. Considering the facts and circumstances of the case, this application is allowed and the order as contained in Annexure-1/A is set aside and the matter is remitted back to the appellate forum to rehear the appeal after due notice to the petitioner and to pass a speaking order in accordance with law.
7. Considering the facts and circumstances of the case, this application is allowed and the order as contained in Annexure-1/A is set aside and the matter is remitted back to the appellate forum to rehear the appeal after due notice to the petitioner and to pass a speaking order in accordance with law. The necessary order, however, should be passed by the appellate forum preferably within a period of three months from the date of receipt/production of a copy of this order.