CARBORANDUM UNIVERSAL LIMITED Vs. R BALASUBRAMANIAN AND ETHERS

JUDGEMENT

(1.) The order passed by the appellants on November 28, 1972 dismissing the respondents 1 to 3 viz., R. Balasubramanian, S. S. Kar and J. J. Tanna, will stand withdrawn.

(2.) The appellants shall be at liberty to hold a fresh enquiry against respondents 1 to 3 on the basis of the charges which formed the subject-matter of the earlier enquiry. Evidence already recorded in the earlier enquiry may be taken into consideration in the fresh enquiry. The appellants and respondents 1 to 3 shall be at liberty to adduce fresh evidence in the enquiry which may be held hereafter.

(3.) The appellants shall dipose of the fresh enquiry on the basis of the evidence which is already on record and such evidence which may hereafter be taken on record as stated in Cl. (2) above. Respondents 1 to 3 will be at liberty to cross-examine the witnesses examined by the appellants in the earlier enquiry. The appellants shall be liable to offer only those witnesses for cross-examination by respondents 1 to 3 as are still in the appellants' employment.