SANKAR DAS Vs. PARADEEP PHOSPHATES LTD.

JUDGEMENT

(1.) THIS Review Petition has been filed by the petitioner with a prayer to modify the order dated 17.03.2009 passed in W.A. No. 97 of 2008 by deleting the observation portion with regard to restart the inquiry from the point it stood vitiated.

(2.) THE grounds of challenge are as under: -

(3.) PER contra, Mr. Ganeswar Rath, learned counsel appearing on behalf of the O.P. -Management while supporting the order of this court seriously contended that in view of the settled position of law decided by the apex Court and this Court, this Court has rightly given liberty to the Management to restart the inquiry from the point it was vitiated. Referring to the decision of apex Court in Managing Director, ECIL, Hyderabad & Ors., Vs. B. Karunakar & Ors., AIR 1994 SC 1074 and N.V.Krishnan Kutty Vs. Union of India & Four Ors., 2009 CLT (108) 103, it was argued that in case punishment is set aside, authority/management should be given liberty hold fresh inquiry from the stage it stood vitiated. Relying on the decision of the apex Court in Union of India V. Y.S. Sandhu, AIR 2009 SC 161, it was contended that there shall not be any reinstatement but the proceedings shall continue from the stage where it stood before the alleged vulnerability surfaced. Mr. Rath, further submitted that basing on the finding of the apex Court in Managing Director, ECIL (supra), the review petitioner was placed under suspension and subsistence allowance deposited by the opposite party -Management in SB Account No.8030/220/4887 of Syndicate Bank from which employee draws the same. It is further argued that the petitioner has not made out a case under Order 47 Rule 1, C.P.C., and there is not even any pleading to that effect, by the petitioner, hence, the review petition is liable to be dismissed.