DEVENDRA KUMAR Vs. NGEF LIMITED

JUDGEMENT

(1.) PETITIONER, Sri Devendra Kumar, who was working as Manager in Motor Marketing Division of NGEF Ltd. Bangalore, in this petition filed under Article 226 of the Constitution calls in question, the correctness or otherwise of the orders made by the Appellate authority dated 3. 4. 1995 in confirming the orders made by the disciplinary authority dated 1. 2. 1995. By the impugned order, the disciplinary authority has dismissed the petitioner from services of the respondent - company.

(2.) FACTS in brief are as under:petitioner was working as a Manager in Motor Marketing Division of the respondent - Company. He has worked in the company for more than two decades. The respondent is a company incorporated under the provisions of Companies Act. It is fully owned by government of Karnataka. The Company falls within the ambit of article 12 of the Constitution of India.

(3.) PETITIONER was served with a charge memo dated 12/17. 1. 1994 interalia alleging that he was running a partnership firm in the name and style of 'mysore Electrical Works' at Wilson Garden, Hosur Road, bangalore, in the name of his wife and was taking active part in running of the firm in view of his expertise in the field, since his wife does not possess any experience nor expertise in the field. It is also alleged that on 27. 12. 1993, the responsible Officers of the company had conducted a search in the workshop of the firm and had seized a name plate belonging to NGEF and was unauthorisedly taken by the delinquent officer with the dishonest intention to make use of the same, to promote the business of the firm in which he has personal interest.