SAUGATA ROY Vs. PEC LTD

JUDGEMENT

(1.) The present appeal is directed against the order dated 25.07.2018 passed by a learned Single Judge of this Court vide which the prayer seeking interim relief has been rejected. Mr Narula, learned counsel for the respondent, has entered appearance. With the consent of the parties, the appeal is taken up for hearing and final disposal.

(2.) The necessary facts to be noticed for the disposal of this appeal are that the appellant has been employed for the last 14 years with the respondent-company which is a public sector undertaking of the Government of India and under the administrative contract of the Ministry of Commerce and Industry. It is the case of the appellant that the respondent company has been suffering loss and currently the net worth of the company is in the negative. Also, the respondent-company has been declared as a NonPerforming Assets (NPA).

(3.) In the year 2016, a memorandum was issued to the appellant who was charged with professional misconduct under Rule 5 of the PEC Limited Employees (Conduct, Discipline & Appeal), Rules 1975. Thereafter, an inquiry was initiated which we are informed has been concluded although the disciplinary proceedings are still pending. The appellant had meanwhile tendered his resignation on 05.04.2018 which has not been accepted and is the subject matter of writ petition pending before the learned Single Judge.