PEERLESS INN Vs. CENTRAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The present writ application has been filed, inter alia, challenging the order dtd. 23/5/2019 passed by the Assistant Provident Fund Commissioner, RO, Park Street Kolkata.

(2.) The original respondent no. 4 was appointed with the writ petitioner sometimes in or about 13/2/1993 in the maintenance department. While the original respondent no. 4 was in employment, a charge sheet-cum-order of suspension dtd. 12/12/2001 was issued alleging that the original respondent no. 4 along with other employees, who were either on duty or off duty had assembled in front of the main gate, walked through the lobby towards the office of the VP & GM (O), shouted slogans and pasted posters, both inside and outside the hotel lobby thereby defacing the entire walls. The above constituted major misconduct on the part of the original respondent no. 4 and the original respondent no. 4 was called upon to explain in writing why disciplinary action shall not be taken against him. The reply to the charge sheet having been found unsatisfactory, a regular disciplinary proceeding was initiated against the original respondent no. 4 along with other employees.

(3.) Records reveal that on 15/8/2003, the enquiry officer submitted his report and a copy thereof was also served on the original respondent no. 4. By a communication in writing dtd. 12/11/2004, the original respondent no. 4 had made a representation. However, no final order in such proceeding was passed.