PUNAMBHAI P BAROT Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) This petition has been developed in two stages to give final shape. Initially in this writ petition relief was sought for quashing the notice dated 9.9.1991 (Annexure : D) (which should have been Annexure : E) with direction to the respondents to reinstate the petitioner in service with all consequential benefits. Thereafter on conclusion of departmental enquiry and upon considering the reply to the show cause notice against proposed punishment the Disciplinary Authority dismissed the petitioner from service through order dated 9.10.1991 (Annexure : G). This order was also challenged by way of amendment to the writ petition which was granted on 16.10.1991.

(2.) In brief the facts giving rise to this writ petition are as under :

(3.) The stand of the respondent has been that the enquiry was conducted in accordance with rules and principles of natural justice were followed and punishment was imposed after giving an opportunity of hearing to the petitioner hence no interference in the matter is required. Objection has also been taken that writ petition is not maintainable because in view of Article 12 of the Constitution of India the respondent Corporation Petrofils Co.Operative Limited is not a State within the meaning of Article 12 hence no writ of certiorari can be issued against it under Article 226 of the Constitution of India. Another objection is that the writ petition is not maintainable because show cause notice (Annexure : E) cannot be quashed and the proper course is to approach the High Court as and when final order is passed.