S.M.DONGARWAR Vs. PEC LIMITED

JUDGEMENT

(1.) The appellant has preferred the present appeal challenging the common judgment and order dtd. 19/3/2013 passed in W.P.(C) Nos.7615/2008 and 540/2012.

(2.) The appellant at all material times was an employee of the Project and Equipments Corporation of India Ltd., the respondent herein. The respondent is a Government Company and is engaged in, inter-alia, facilitating import and export of gold. The appellant joined the respondent company on 18/5/1998 as a Deputy Marketing Manager-I. He was initially posted at New Delhi and was subsequently, transferred to the respondent's branch office at Bangalore on 17/7/1998.

(3.) The appellant was promoted to the post of Marketing Manager at Bangalore on 1/8/2003 and continued to function in this capacity till his transfer to the Hyderabad office of the respondent on 4/4/2005. After the transfer of the appellant to Hyderabad, he was served with a show cause notice dtd. 20/6/2005 wherein certain allegations were made against the appellant with respect to transactions with one M/s Paresh Exports Pvt. Ltd., Bangalore which were conducted by the appellant during his tenure at Bangalore. The appellant replied to the show cause notice by a letter dtd. 10/7/2005 wherein he admitted to allegations and explained the same as being inadvertent bonafide mistakes. The appellant however, refuted the allegation that there was any deliberate act of omission or commission on his part. The respondent thereafter, issued a charge-sheet against the appellant by way of a memorandum dtd. 24/8/2005. The statement of charges are relevant for the purposes of considering the challenge in the present appeal and are quoted below: