OM PRAKASH Vs. REGIONAL SALES MANAGER, MILKFED

JUDGEMENT

(1.) In these writ proceedings under Article 226 of the Constitution of India, the petitioner has questioned his dismissal from the services of the respondent employer (hereafter called ''Milkfed'') on 23-5-1995.

(2.) In March 1977, the Petitioner was appointed as Casual/Temporary workman in Punjab Diary Development Corporation. He was subsequently promoted as Diary Helper-cum-Cleaner and posted at Machiwara (Punjab). Sometime in 198, the plant, of Punjab Diary Development Corporation was taken over by the Respondent Milkfed alongwith employees on the same terms and conditions. The petitioner's services too, were similarly taken over. In 1985 the petitioner was transferred to Delhi at his request and he was posted at different sales outlet at Delhi as Milk Bar Attendant which is a post of Diary Helper-cum-Cleaner.

(3.) On 30.10.1993, the petitioner was charge sheeted for three charges of committing acts of misconduct namely, embezzlement, indiscipline, insubordination, misbehaviour, etc. The petitioner refuted the charges, and stated that he was not guilty of any act of misconduct. Milkfed was of the opinion that the reply or explanation was unsatisfactory. The Milkfed instituted a domestic enquiry. The enquiry was held after August, 1994. The petitioner participated in the enquiry, and its deliberations. On 24.12.1994, the Enquiry Report was submitted by the Enquiry Officer wherein charges No.2and3 were held fully proved and charge No.1 was held not proved. The report was furnished to the petitioner on 24.01.1995.