KICHHA SUGAR COMPANY LTD Vs. GULSHAN KUMAR

JUDGEMENT

(1.) The respondent, who was engaged as Assistant Cashier with the appellant company, was served with a charge sheet dated 12.07.2004. He submitted a reply thereto on 24.07.2004. Having found the reply unsatisfactory, the appellant initiated a regular departmental inquiry against the respondent. The Enquiry Officer submitted his report on 09.11.2005. Based on the aforesaid report, the respondent was dismissed from service vide an order dated 22.02.2006. The respondent assailed the order of his dismissal from service by filing Writ Petition (S/S) No. 349 of 2006. The aforesaid writ petition was allowed by a learned Single Judge of this Court on 21.06.2006.

(2.) The order passed by the learned Single Judge on 21.06.2006, allowing Writ Petition (S/S) No. 349 of 2006, has been impugned by the appellant through the present Special Appeal.

(3.) The learned Single Judge made a reference to one of the charges, which had been leveled against the respondent, wherein the Enquiry Officer had not found the respondent guilty. In fact, the Enquiry Officer had recommended, that further scrutiny be made into the matter. The instant factual position is apparent from the following observations recorded by the learned Single Judge: