GOPALASWAMY M Vs. MADRAS DOCK LABOUR BOARD

JUDGEMENT

(1.) THIS writ petition is filed for the issue of a writ of certiorari quashing the order of the Chairman, Madras Dock Labour Board, in EO/30/664, dated 18 January 1965.

(2.) THE petitioner was appointed as a lower division clerk on 1 May 1958, in the Madras Dock Labour Board. He was promoted as a stenographer and was employed as such under the labour officer of the Board till his dismissal on 26 November 1964. The annual inspection of the stationery of the labour office for the period 1 January 1963 to December 1963, was conducted by the executive officer in December 1963 and a report was submitted. On 17 February 1964, a physical verification of the stationery items supplied to the labour officer was made by the administrative officer. The administrative officer prepared a report which listed 37 items as found in the office. Subsequently, on 28 March 1964, the president of the administrative body issued a notice to the petitioner calling upon him to submit an explanation regarding the discrepancy about certain stationery items that were not found during the inspection, like impression paper, unruled paper, ruled paper, white envelopes, writer pen, ball point pen, etc. The petitioner replied on 30 March 1964, requesting that he might be informed as to where the discrepancy had arisen and how it had arisen. He also explained that the ball point pen reported missing was used by him for writing copies of notices to the workers, while the writer pen was used by the labour officer for giving it to the workers for putting their signatures in the deposition, etc. A copy of the verification report was furnished to the petitioner on 16 May 1964.

(3.) ON 16 June 1964, a show-cause notice was issued by the president of the administrative body to the petitioner framing the following charges: That you, M. Gopalaswamy, stenographer, administrative body, Madras Dock Labour Board, have misappropriated the office stationery, such as impression paper, ball point pen, writer pen, white envelopes and key rings indented for the use of the labour officer, Madras Dock Labour Board, from the period 1 January 1963 to 17 February 1964.