SHARMANAND Vs. SUPERINTENDENTGUN-CARRIAGE FACTORY

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the order removing the petitioner from service.

(2.) The petitioner was serving in the Gun-Carriage Factory as a Turner. While he was on duty in the Machine 'A' Section on the night of 25-8-1958, there was an attempt at theft in that section. On 1-9-1958 a charge-sheet was served on the petitioner accusing him that he scaled over the walls of the Tool-Godown Shop on 25-8-1958 with the intention to commit theft and escaped through a window and that he had absented himself from work without the permission of the Supervisor. The matter was enquired into by a Court of Enquiry presided over by the Assistant Works Manager (respondent No. 2) after the petitioner gave his explanation to the charges. The enquiry commenced on 15-9-1958 and was completed on 23-9-1958. On 4-10-1958 the Superintendent of the Factory (respondent No. 1) served a notice on the petitioner to show cause why he should not be removed from service. The petitioner gave his reply on 12-111958. On 9-12-1958 the first respondent passed an order removing him from service.

(3.) The petitioner has challenged the order on the ground that the opportunity given to him to defend himself was not adequate. Several points are mentioned in the petition to support this ground; but as only two of them were argued before us, we need refer only to them.