AIR INDIA LIMITED Vs. R H SONARIKAR

JUDGEMENT

(1.) Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the respondents waives service. By consent taken up for hearing and final disposal.

(2.) The first respondent was appointed as an Assistant Flight Purser with air India on 20th September, 1975 and was confirmed in service with effect from 1st July, 1976. On 1st June, 1994, the first respondent was redesignated as a senior Check Flight Purser. On 3rd July, 1997, the first respondent was arrested by the Police at the International Airport at Delhi and a First Information Report was lodged. The first respondent was charged with the commission, of offences under sections 419, 420, 468 and 471 read with section 120b of the Penal Code. The first respondent was placed under suspension on 9th July, 1997. A charge-sheet was issued to the first respondent on 9th October, 1997 for a disciplinary proceeding on the allegation that he had conspired to smuggle two passengers into Canada by using passports issued in favour of the first respondent's daughters and by taking illegal gratification from these two inadmissible passengers. The first respondent submitted his reply to the charges and a departmental enquiry was convened. On 2nd February, 1998, the first respondent was informed of the applicability of the Certified Standing Orders and it was stated that the charges that were levelled against him would be read as "taking or giving bribes or any illegal gratification" and "failure to report to the Competent authority the fact of arrest by the Police. " The enquiry was thereupon proceeded with and the Enquiry Committee submitted its report in January, 1999. A copy of the report was furnished to the first respondent and he was called upon to submit his explanation thereon including upon the tentative findings and the proposed penalty. The first respondent submitted his reply and on 4th May, 1999, an order of dismissal was communicated to him together with a cheque in the sum of Rs. 14,808/- for one month's pay under section 33 (2) (b) of the Industrial Disputes act, 1947.

(3.) The petitioner filed an approval application before the National industrial Tribunal, Mumbai in Reference NTB-1 of 1990. An affidavit was filed on behalf of the petitioner of its Deputy General Manager in lieu of the examination-in-chief. By the impugned order dated 15th June, 2004, the tribunal has dismissed the approval application. The Review Petition which was filed by the petitioner was subsequently dismissed on 16th August, 2004.