MULJIBHAI KHUSALBHAI MESARIYA Vs. GENERAL MANAGER

JUDGEMENT

(1.) Heard learned advocate for the petitioner.

(2.) The petitioner, a workman, has approached this Court by way of this petition with following prayers;

(3.) The facts in brief, as could be culled out from the proceedings, would indicate that the workman had joined the department in the year 1984 and he was dismissed in the year 1991. However, once again he was offered an employment and his services were once again terminated. He faced a charge -sheet that on 18.11.1995 when he was sent for repairing the street light cable fault he had misbehaved in a drunken condition. He defended himself by saying that it was some unknown person who poured some drugs and make him drink, which he did not know to be a prohibited drink. In the proceedings, he has admitted his guilt, which resulted into punishment of dismissal. The said dismissal was assailed by way of filing T - Application. His termination of 18.03.1996 was prayed to be set aside. It was urged that the confession was recorded under coercion and promise was of awarding lesser punishment. The Court did not accept this and rejected the application. Being aggrieved and dissatisfied therewith, he preferred appeal being Appeal (I.C.) No.9 of 2012 in which also, the Court while concurring with the findings recorded by the Court at the first instance rejected the appeal on 30.04.2015. Thereafter, the present petition is preferred invoking Articles 226 and 227 of the Constitution of India.