LAWS(DLH)-2009-10-9

BANS RAJ Vs. GANGA RAM HOSPITAL

Decided On October 05, 2009
BANS RAJ Appellant
V/S
GANGA RAM HOSPITAL Respondents

JUDGEMENT

(1.) THE petitioner in this writ petition seeks to challenge an industrial award dated 22. 03. 2006 in I. D. No. 256/1990 by which his dismissal from the service of the respondent has been found to be legal and justified. Heard on admission.

(2.) MR. Anuj Aggarwal, learned counsel appearing on behalf of the petitioner, contends that the impugned award is bad because, according to him, the Inquiry officer was biased and also because the petitioner had been acquitted in the criminal case relating to the same incident of theft for which he was charged. The petitioner was accused of committing theft of 3 blades, one iron and 2 cups of the fan and also a personal file of an ex-employee Sh. Pratap Chand while working in the respondent hospital during the night intervening 11. 03. 1988 and 12. 03. 1988. The inquiry was held against the petitioner in which he was found guilty. In fact, the petitioner had admitted his guilt in the course of fact finding inquiry held against him. He was, therefore, removed from the service of the respondent w. e. f. 19. 07. 1989.

(3.) THE Industrial Adjudicator vide its order dated 18. 03. 2006 has found that the inquiry held against the petitioner was in conformity with the principles of natural justice and, therefore, vide impugned award dated 22. 03. 2006 has held that the punishment of dismissal of the petitioner from service of the respondent w. e. f. 19. 07. 1989 was legal and justified.