MANGAL SINGH Vs. MANAGEMENT OF PUNJAB BHAVAN

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the legality of award dated 24.9.1999 whereby the Tribunal held that dismissal of the petitioner was perfectly legal and justified.

(2.) Briefly, the facts are that petitioner was working as a sweeper with the respondent. He was charged with misconduct under Rule 22(b) of the Conduct Rules applicable to him, of misbehaving with the wife of another sweeper, namely, Shri Salig Ram. The allegation was that he had gone to the house of Salig Ram in drunken condition and tried to molest and misbehaved with his wife. An enquiry was conducted into the charges and Enquiry Officer came to the conclusion that charges stood proved against the petitioner. The management on considering the Enquiry Report, awarded punishment of removal from the service and he was dismissed from service. The petitioner raised an industrial dispute to the following effect:

(3.) The Tribunal after considering the record of enquiry and the entire proceedings, came to the conclusion that the enquiry was conducted fairly. Petitioner was given ample opportunity to examine witnesses, cross- examine the witnesses of management. He did not raise any objection during the pendency of enquiry and about any bias of the Enquiry Officer. The punishment awarded to the workman was not excessive or disproportionate, as molestation of a lady was a serious matter and does not leave any scope for sympathy with the petitioner.