BINDESHWARI SINGH Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Challenge in this petition is to the order dated 19-11-1998 (Annexure P/1) passed by the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur (for short "the Tribunal"), in case No.CGIT/LC/R/247/89, wherein the Tribunal after holding that the departmental enquiry was illegal, examined the witnesses adduced by the parties afresh permitting cross-examination also, came to the conclusion that the order of dismissal was legal, requiring no interference.

(2.) The facts, in brief, are that the petitioner was working as Mazdoor Category-I with respondent No.2 colliery. The petitioner was served with a charge sheet on 19/20-4-1987 holding that "it has been reported by Shri S.K. Saxena, Manager, NCPH Colliery that on 19th April, 1987 at 11.00 a.m. while he was passing from Bus Stand, Bhaisa Dafai to NCPH Guest House on main PWD Road in company vehicle No.CIL 9728 with Driver Shri Ayodhya Prasad and when the jeep reached few metres short of turning towards NCPH Guest House, you were found standing with a gun and you fired atShri Saxena just while the jeep was crossing you. You shot at Shri Saxena with intention to kill him. The above act constitutes a serious misconduct as per the Certified Standing Orders by which you are governed under Section 17 (1) (r), which provides for threatening, abusing or assaulting any superior or co-workers."

(3.) The departmental enquiry was concluded and in the said enquiry, the charges were found proved. Accordingly, the punishment of dismissal from service was imposed by order dated 22-1-1988 (Annexure P/3).