NARAYANA T Vs. MANAGING DIRECTOR PRAGA TOOLS LIMITED

JUDGEMENT

(1.) In this writ petition, the validity of the disciplinary action taken by the management of Praga Tools Limited, removing the petitioner from services as a disciplinary measure, is assailed.

(2.) The petitioner, while serving as Assistant Security Officer, was served with a charge memo dated 2/12/1990. The chargesheet reads as under:

(3.) The petitioner did not file any reply to the charge memo. In the circumstance, the management appointed Sri S. Surin, Manager (Personnel) as the Enquiry Officer, to conduct a regular departmental enquiry against the petitioner in terms of Praga Tools Limited Conduct, Discipline and Appeal Rules, 1976 (for short 'the Rules'). The Enquiry Officer conducted the enquiry and submitted report on 3/04/1991, recording the finding that the charges 1 to 3 are proved, and charge No.4 is not proved. The second respondent, who is the disciplinary authority as regards the petitioner under the rules, on receipt of the report from the Enquiry Officer, and after issuing second show-cause notice to the petitioner and on consideration of the findings recorded by the Enquiry Officer, thought it appropriate to remove the petitioner from service as a disciplinary measure. Accordingly, the second respondent passed Order No.269 dated 24/09/1991, removing the petitioner from service with immediate effect.