INSTITUTE FOR SOCIAL AND ECONOMIC Vs. SIDDIAH SHETTY

JUDGEMENT

(1.) MANAGEMENT has filed W. A. 1635/2007. Workman has filed W. A. 2343/2007. Both these appeals are directed against the order passed on 31-7-2007 by the learned single judge, allowing in part the writ petition filed by the workman in W. P. 45292/2003. Wor. kman in his appeal, has also prayed to hold the domestic enquiry conducted against him, as unfair, improper and to order his reinstatement into service, with backwages and all consequential benefits. Since both the appeals raise common questions of facts and law, they are taken up together for consideration and disposal.

(2.) FOR the sake of convenience, the parties will be referred to as 'workman'and 'management' respectively.

(3.) MANAGEMENT had appointed the workman, as a watchman in its establishment. Management issued a charge-sheet dated 1-4-1998 to the workman, alleging that he had unauthorisedly removed a flexible water hosepipe of about 65 feet in length from ISEC campus on 8-12-1997 and had sold it to one ramaiah, which was a gross misconduct. A second charge-sheet dated 6-7-1999 was issued by the management to the workman alleging that one M. Ramu, had lodged a complaint dated 25-2-1999 stating that, on that day, at about 1 p. m. , workman went to his house, which is in the ground floor of quarter bearing No. 24/1, shabbily dressed and abused him'and his wife, in filthy language and it was found that the workman was under the influence of alcohol and when the workman was stopped from creating nuisance and was asked to behave in a proper manner, he was abused and threatened. Allegations were also made that on 25-2-1999 and 26-2-1999, similar acts were repeated against others. Workman has submitted the replies to the charge-sheets. Enquiry Officer was appointed, the disciplinary enquiry was conducted and thereafter report was submitted, copy of which was furnished to the workman, to which, he has submitted the reply. Disciplinary authority on consideration of the record, has passed an order dated 23-3-2001, dismissing the workman from service.