S SUBRAMANIAN Vs. MANAGEMENT OF TITAN INDUSTRIES LTD

JUDGEMENT

(1.) By consent of both sides, the writ petitions themselves are taken up for final disposal.

(2.) In all these writ petitions, the petitioners, who are employees in respondents 1 and 2 companies, have challenged the respective second show cause notices dated 19.02.2003, 22.02.2003, 19.02.2003, 19.02.2003, 22.02.2003, 24.02.2003, 21.02.2003 and 22.02.2003, issued pursuant to disciplinary action initiated by respondents 1 and 2 management against the respective writ petitioners/ employees.

(3.) One such impugned second show cause notice dated 22.02.2003 reads as follows: Sub: Second Show Cause Notice Ref: 1.Show Cause Notice C-Assy/SC-385/01 dated 16.11.2002 2.Your explanation letter dated 29.11.2002 3.Enquiry Notice C-Assy/SC-385/03 dated 09.12.2002 4.Enquiry findings dated 15.02.2003 This has reference to the Show Cause Notice No.C-Assy/SC-385/01 dated 16.11.2002 issued by Management, and your explanation letter dated 29.11.2002. We decided to conduct an enquiry into the charges levelled against you since your explanation was not satisfactory. Accordingly, the enquiry was conducted on various dates, which was commenced on 17.12.2002 and concluded on 06.02.2003. You have participated in the enquiry. The Enquiry Officer has concluded the enquiry and submitted the enquiry findings. We have carefully gone into the records of the enquiry proceedings, documents filed thereon and the findings of the Enquiry Officer. We agree with the findings of the Enquiry Officer. Moreover, we also find from the proceedings of the enquiry, the Enquiry Officer had given you sufficient opportunities to vindicate your stand in the enquiry. The Enquiry Officer in his findings has concluded that the following charges alleged against you in our show cause notice dated 16.11.2002 and enquiry notice dated 09.12.2002 have been proved. 27.4(d): .... the commission of any act subversive to good and proper behaviour ..... outside the establishment, where such activity relates to the employment, or working of the establishment. 27.4 (e): .... any act subversive of discipline either committed ...... after working hours and outside the premises if such conduct has a bearing on his employment or employee/s or on the reputation of the Company. 27.4 (h): .... fraud or dishonesty in connection with the company's business ..... 27.6 (a): .... forgery or being an accessory thereto. 27.7 ( c ): Wilful falsification, ......... of any records of the company whether maintained by himself or by other employees. Further, we have also perused your past records and noted the following: 1.You were awarded a specific punishment vide our letter dated 15.09.1990 for involving in an accident of physical assault to one another with one of your colleagues. 2.You were advised vide our letter dated 27.11.1991 for your loss of pay. 3.You were advised vide our letter dated 26.11.1993 for your unauthorised absenteeism with effect from 18.11.1993. 4.You were warned vide our letter dated 11.02.1994 for your loss of pay and unauthorised absenteeism of 2.5 days and 16.0 days respectively during the calendar year 1993. The misconducts committed by you have been proved and the same are serious in nature and warrant major punishment including dismissal. Further, we have taken into consideration the gravity of misconducts committed by you, the previous records and other extenuating or aggravating circumstances that exist. We find there is no extenuating circumstances to take any lenient view by the management while deciding your punishment. Under the circumstances, management has come to a conclusion that imposing punishment of "dismissal from service" is the appropriate punishment in the circumstances of the case. Hence, you are hereby required to show cause in writing within 3 days from the date of receipt of this Second Show Cause Notice as to why the above proposed punishment should not be imposed on you. If we do not receive any reply in writing within the stipulated time, it will be presumed that you have no explanation to offer and the proposed punishment will be given effect to. We are enclosing a copy of the enquiry findings for your reference and representation/reply to this letter. For TITAL INDUSTRIES LTD.,Sd/- S.RAMADOSS GENERAL MANAGER - HUMAN RESOURCES"