MISHRA D K Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Pursuant to an inquiry held against the petitioner he was found guilty of both the charges levelled against him and punishment of dismissal without notice was proposed in the inquiry report dated July 18, 1983. After giving opportunity to the delinquent with regard to the quantum of proposed punishment, the punishment of dismissal was inflicted upon him. Against the said punishment an appeal was preferred by the petitioner. By the appellate order the quantum of punishment was reduced by stoppage of four increments with cumulative effect. This order dated November 11, 1983, contained in Annexure-8 to the petition, was challenged through a reference under Industrial Disputes Act, being Industrial Dispute No. 147 of 1988. By an Award dated July 30, 1990, contained in Annexure-14 to the petition, the Industrial Tribunal had held that the punishment was justified after recording finding that both the charges were proved. In this background the petitioner has moved this writ petition for appropriate relief.

(2.) Sri Arun Tandon, learned counsel for the petitioner contends that the finding of guilt in respect of the first charge of misappropriation, as alleged in the charge sheet by the Inquiry Officer, is perverse. The Tribunal has not come to any independent finding and did not record its observation in respect thereto. According to him the Tribunal did not refer to the relevant evidence and material on record to arrive at such finding. Therefore the finding is based on no material and as such is perverse.

(3.) According to him similar is the finding with regard to second charge by the Tribunal, which also suffers from the same infirmity on similar ground.