ABRAHAM Vs. GOKUL RUBBER & TEA PLANTATIONS LIMITED

JUDGEMENT

(1.) This writ petition is filed by a workman challenging the proceedings leading to his dismissal from the service consequent upon a domestic enquiry conducted against him. The misconduct alleged against him is regarding the theft of arecanuts from the property of the management.

(2.) Alleging theft, a criminal complaint was lodged on behalf of the company by its manager. After the investigation, a criminal case was registered against the petitioner as C.C. No. 365 of 1994 on the file of the Judicial First Class Magistrate Court-II, Perinthalmanna. The petitioner was acquitted in the criminal case as all the witnesses turned hostile. Before the conclusion of the criminal case, the domestic enquiry was concluded. The enquiry officer found the petitioner guilty. Consequent upon such finding, the management taking note of the grave nature of the misconduct proved against the petitioner, imposed the punishment of dismissal on the petitioner.

(3.) It is to be noted that in the criminal case, the enquiry officer in the disciplinary proceedings Sri. P. Abraham Mathew was examined as PW1. He was the person who lodged the complaint before the police.