SAGAR Vs. M C D

JUDGEMENT

(1.) CM No. 13092/2009 delay of three and a half months in refiling of the petition is condoned. The application stands disposed of accordingly. The legal heirs of the deceased workman late Sagar have filed this writ petition seeking to challenge an industrial award dated 30. 09. 2008 in ID No. 243 of 1988/53 of 1995 affirming the dismissal of the workman by the management of the respondent MCD.

(2.) THE deceased workman, late Sagar was employed as a Beldar in MCD w. e. f. 12. 07. 1977. He was involved in a criminal case of attempt to murder and a FIR under Section 307/452/342/34 IPC was registered against him with Police Station alipur on 07. 02. 1982. He started remaining absent from duty w. e. f. 08. 02. 1982. While he was absent from duty, he was arrested by the Police in the aforementioned criminal case on 08. 04. 1982. He remained in custody from 08. 04. 1982 to 02. 07. 1982. The deceased workman was served with a charge sheet. Four charges were labelled against him. The first charge was for his unauthorized absence from 07. 02. 1982 to 09. 08. 1982. The second charge was in relation to his arrest and for his remaining in Police custody from 08. 04. 1982 to 02. 07. 1982 in a criminal case vide FIR No. 40 dated 07. 02. 1982 under Section 307/452/342/34 IPC, PS Alipur. The third charge was that he had failed to report the fact of his arrest to his Department and concealed this fact deliberately. The fourth charge was that he neither joined the duty during the period from 07. 02. 1982 to 07. 04. 1982 which was the period before his arrest on 08. 04. 1982 despite communication sent by the respondent vide letters dated 09. 02. 1982 and 03. 03. 1982.

(3.) A departmental inquiry into the above charges was held against the deceased workman in which he was found guilty of all these charges. After considering the Inquiry Report and on taking note of the conduct of the deceased workman, the respondent management vide order dated 28. 04. 2006 decided to remove the deceased workman from its service with a stipulation that the said removal shall not be a disqualification for his future employment.