PURAN CHAND Vs. BSES RAJDHANI POWER LTD.

JUDGEMENT

(1.) THE petitioner in this writ petition is aggrieved by an industrial award dated 16.05.2009 passed by the Industrial Adjudicator by which his removal from service of the respondent has been found to be just and legal.

(2.) HEARD .

(3.) A domestic inquiry into the charges was held against the petitioner in which he was found guilty of the charges leveled against him. A criminal case vide RC No. 29/1985 was also registered against the petitioner under Section 120 -B read with Section 409, 467 & 471 IPC but he was acquitted in the said criminal case vide judgment and order dated 26.09.1989 passed by Mr. Dinesh Dayal, then MM, New Delhi. The domestic inquiry against the petitioner was started in 1988 and was completed sometime in 1996. By the time inquiry against the petitioner was completed, he had already been acquitted in the criminal case. However, the disciplinary authority after considering the inquiry report and other relevant material decided to remove the petitioner from its service and accordingly the petitioner was removed from the service of the erstwhile DESU w.e.f. 03.04.1996. The petitioner aggrieved by his removal from service of erstwhile DESU filed a statutory appeal before the Appellate Authority but his appeal was rejected by the Appellate Authority vide its order dated 29.10.1997. After dismissal of his appeal by the Appellate Authority, the petitioner raised an industrial dispute with regard to his removal from the service of the respondent (erstwhile DESU) and the said dispute was referred by the appropriate Government for adjudication to the Labour Court. The Labour Court vide its order dated 06.05.2009 has decided the inquiry issue against the petitioner and in favour of the respondent. After deciding the inquiry issue vide order dated 06.05.2009 in favour of the management, the court below vide impugned award dated 16.05.2009 has confirmed the removal of the petitioner from the service of the respondent (erstwhile DESU). Mr. Nagender Deswal, learned Counsel appearing on behalf of the petitioner has relied upon a judgment of the Hon'ble Supreme Court in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. and Anr. : JT 1999 (2) SC 456 to contend that when a delinquent employee has been acquitted in a criminal case, it would be unfair to remove him from service on the basis of inquiry report. Mr. Deswal has placed reliance on para 34 of the judgment in Capt. M. Paul Anthony's case (Supra) and para 34 of the said judgment reads as under: