LAWS(DLH)-2014-12-458

JAC AIR SERVICES PVT LTD Vs. PRAMOD KUMAR

Decided On December 03, 2014
Jac Air Services Pvt Ltd Appellant
V/S
PRAMOD KUMAR Respondents

JUDGEMENT

(1.) CM No. 19520/2014 (for exemption)

(2.) Mr.Pramod Kumar Sharma, learned counsel appearing on behalf of the petitioner/Establishment submits that the respondent/workman has accepted his misdemeanour before the Inquiry Officer and the learned Tribunal as well. Despite, the learned Tribunal has set aside the orders of suspension and dismissal from service.

(3.) Learned counsel submits that the respondent/workman was a habitual offender and earlier also he committed such type of misconducts. In the proceedings before the Inquiry Officer, he admitted his guilt that he had a fight with Virender Kumar and while fighting he had a wooden cudgel (phatti) in his hand. Thus, in such a situation, it is not necessary to use the same for beating and holding the wooden cudgel itself during a fight is enough to cover the said act within the purview of 'misconduct'. Hence, for the aforesaid misconduct, the respondent/workman is liable to the penalty for removal from service, which the petitioner/Establishment has rightly passed the orders against him.