VIJAY PAL Vs. I T D C

JUDGEMENT

(1.) The challenge in this petition is to the order dated 1/4/2002 passed by respondent No. 2, the General Manager of Ashoka Hotel, terminating the petitioner from the service of respondent No. 2. The order of 1/4/2002 under challenge gives the following facts: The petitioner Vijay Pal was issued a charge-sheet on 13/6/2001 for absenting from duties unauthorizedly for 129 days during the year 2000. An enquiry was conducted by Mr.S. Paul, Enquiry Officer. On receipt of a copy of the enquiry report notice was issued to the petitioner to show cause why his service should not be terminated. Shri Arun George, General Manager (A) of respondent No. 2 agreed with the finding of the Enquiry Officer and held that the charges levelled against Vijay pal, the petitioner, to have been conclusively proved in the enquiry. He found no substance in the reply of the petitioner dated 31/1/2002. Finding that the charge amounted to grave misconduct and taking into consideration all extenuating and aggravating factors, he imposed the punishment of termination of services of the petitioner with immediate effect.

(2.) This order was challenged on various grounds. When the petition came up for hearing on 9.9.2003 the ground that was found to have any substance was that similarly placed employees with even larger numbers of absence from duties were awarded only minor punishment like stoppage of one increment or two while the petitioner was visited with the extreme penalty of removal from service. On 9.9.2003 this court passed the following order:

(3.) This being the scope of the writ petition, the only thing that has to be examined now is whether the order of termination from service suffers from the defect of discrimination. At pages 39-40 referred to in the above order, the petitioner has named certain employees and has given details of the number of days they had been absent and the punishment inflicted on them. The list is as under: <FRM>JUDGEMENT_434_DRJ91_2006Html1.htm</FRM>