V K KAUL Vs. STATE OF M P

JUDGEMENT

(1.) IN this batch of appeals, the factual matrix and grounds urged being common, it was heard analogously and is disposed of by this common order. The compass of the factual score as depicted is that the appellants were charge-sheeted on the foundation that on 5-3-1999, they went on a strike sat on "dharna "for seeking implementation of pay scales recommended by the 5th Pay Commission, thought the Management-Company had incurred a loss to the tune of Rupees Twenty Crores and further that they did not discharge their duties faithfully from' 5-3-1999 to 29-3-1999 affecting the production of the Company and used abusive language.

(2.) AFTER framing of charges, an Enquiry Officer was appointed to enquire into the allegations. All the charges levelled against the appellants were proved. The Disciplinary Authority concurred with the findings of the Enquiry Officer and passed an order of dismissal.

(3.) AS there is no provision of appeal, the appellants approached this Court invoking its extra-ordinary jurisdiction under Article 226 of the Constitution of India. Before the learned Single Judge, it was contended that the Enquiry Officer recorded the finding without much evidence on record and hence, the conclusions arrived at by him are not sustainable. It was also put forth that the punishment imposed by the Disciplinary Authority is shockingly disproportionate and frustrates the concept of doctrine of proportionality. The learned Single Judge referred to certain decisions and came to hold that the findings recorded by the Enquiry Officer were beyond reproach and it can not be said that they suffer from perversity of approach. Being of this view, he declined to interfere.