S N THAMPY Vs. TEXTILES COMMITTEE

JUDGEMENT

(1.) BY this petition, the petitioner takes an exception to the order dated July 9, 1986 issued by the Secretary of the respondent - Textiles committee, whereby the petitioner has been dismissed from the service of the respondent. The order of dismissal is based on the findings of the exparte departmental enquiry conducted against the petitioner in respect of the alleged irregularities and illegalities committed by him during the month of April, 1981 while functioning as an Inspector of the Textiles committee at its Head Office at Bombay. The petitioner is seeking relief of withdrawal and/or cancellation of the order of dismissal dated July 9, 1986 passed by the respondent and has further prayed for direction to the respondent to pay the pay and allowances from the date of dismissal till the petitioner is allowed to resume duty. The respondent is a Textiles Committee constituted under the Textiles Committee Act, 1963. The respondent, being an authority set up under the Statute, is the State under Article 12 of the Constitution of India.

(2.) THE petitioner joined the services of the textiles Committee as an Inspector on May 7, 1966. By an order of the Secretary of the textiles Committee dated March 29, 1984, the petitioner was placed under suspension and, during suspension he was posted at Salem, with a direction to report at the office of the Textiles committee at Salem. On May 3, 1984, a memorandum was issued to the petitioner informing him that the Secretary of the Textiles committee proposed to cause an enquiry to be held against the petitioner under the Textiles committees Employees' (Discipline and appeal) Regulations, 1968 (for short "regulations" ).

(3.) THE Articles of charges with statements and supporting documents were supplied to the petitioner, requiring him to submit a written statement of his defence within ten days. The charge against the petitioner in the memorandum issued by the Secretary of the textiles Committee reads thus: