Hon'ble Judges/Coram:
H.K. Sema and Markandey Katju

ORDER

H.K. Sema and Markandey Katju, JJ.

1. Aggrieved by the order of the High Court dated 23.12.2004 setting aside the order of the Tribunal dated 28.06.1999 this appeal is preferred by the Himachal Pradesh Transport Corporation.

We have heard the parties.

2. Briefly stated the facts are as follows:

At the relevant time the respondent was working as Inspector in Himachal Pradesh Transport Corporation, He was charge-sheeted. A notice was sent to him followed by a publication in the Tribune. However, the respondent did not participate in the enquiry proceedings. The enquiry was proceeded ex parte. The Inquiry Officer submitted his report on 22.05.1990 found him guilty of all the charges levelled against him. The disciplinary authority after perusing the inquiry report and after the application of mind terminated the services of the respondent by its order dated 16.06.1994.

3. Aggrieved thereby, the respondent filed original application before the State Administration Tribunal. One of the contentions raised before the Tribunal was that the inquiry proceeded ex parte and the order of termination is passed without hearing the respondent and, therefore, the order of termination suffered from the non-compliance of principle of natural justice. This contention was repelled by the Tribunal after examining the inquiry report and documents holding that the respondent was served with the notice by publication in the Tribune. The Tribunal also held that from the representation dated 09.08.1993 and 19.10.1993 it would clearly show that the respondent was well aware of the departmental enquiry which was initiated against him, however, he intentionally avoided service of notice and did not participate in the enquiry proceedings and, therefore, he was estopped from raising the question of non-compliance of the principle of natural justice. On that premise the Tribunal dismissed his original application.

4. Aggrieved thereby, the respondent filed writ petition before the Division Bench of the High Court and by the impugned order his writ petition was allowed solely on the ground that no proper service was effected upon the respondent and, therefore, there was violation of principle of natural justice.

5. That the respondent was served with a notice recorded by the Tribunal is finding of fact. In our view, therefore, the High Court has exceeded its jurisdiction by reversing the fact recorded by the Tribunal in exercise of its power under Article