A P SHARMA Vs. INDIAN TELEPHONE INDUSTRIES

JUDGEMENT

(1.) HEARD Sri P.K. Khare, learned counsel for the petitioner, and Sri Krishna Chandra for the respondents.

(2.) THESE two petitions arise out of an order of dismissal passed by the respondent -authority removing the petitioner from service. Writ Petition No.3748 of 1992 was filed questioning the correctness of the dismissal order dated 9.6.1992 whereby referring to a charge sheet dated 12.1.1987 the petitioner came to be dismissed from service. The said writ petition was drafted and presented on the ground that so far as the charge sheet dated 12.1.1987 was concerned, the same had already concluded with a censure warning to the petitioner and secondly the impugned dismissal order was hit by double jeopardy. The other ground taken was with regard to the procedure of the inquiry and the third and ultimate ground that was taken in paragraph 10 of the writ petition was with regard to the procedural flaw in proceeding to award the punishment without putting the petitioner to show cause and giving him an opportunity to file a response to the same along with a copy of the inquiry report.

(3.) THE writ petition was entertained and an interim order was passed on 29.6.1992 staying the operation of the said dismissal order.