VIJAY JALALI Vs. HMT LIMITED

JUDGEMENT

(1.) In this writ petition preferred under Article 226 of the Constitution of India the petitioner has challenged the order of penalty dated 31-3-1998, Annexure P-27 and the order contained in Annexure P-29 which has been passed by the appellate authority on 11-5-1998 whereby the appeal of the petitioner against the order of penalty has been dismissed and the order of penalty of removal from service has been affirmed.

(2.) The facts leading to the present petition are that the petitioner was employed with the respondents in their watch marketing division. The respondent No. 1 is a Public Limited Company and is amenable to the writ jurisdiction of this Court. A charge-sheet was issued against the petitioner which is contained in Annexure P-3 wherein allegations were levelled that the petitioner being a lady employee abused and gave a slipper (chappal) blow to one of the security guard. The incident was reported against the petitioner by making a compLalnt against her. The inquiry officer was appointed to inquire into the allegations and on basis of the findings of the enquiry report a penalty of removal from services has been imposed upon the petitioner.

(3.) Learned counsel appearing for the petitioner submitted that the inquiry which was conducted against the petitioner is bad for the following reasons :