SRI MUCHI RAI Vs. ASSAM ROOFING LTD.

JUDGEMENT

(1.) Heard on admission.

(2.) This intra-court appeal is directed against the order dated 11.2015 passed by the learned Single Judge of this High Court whereby he has allowed respondent's WP(C) 5021/2007.

(3.) The appellant was engaged in the night shift duty in the Factory of Respondent. The duty of appellant was in the manufacturing process of PVC pipes which is a specialised job. The appellant was found fast asleep during his night shift duty. He was therefore issued a charge sheet to which his reply was that he had been photographed by the Chowkidar with his eyes closed but actually he was not sleeping. The appellant also requested for forgiveness with the assurance that such mistake will not be repeated again. Dissatisfied with the reply, the respondent decided to conduct a domestic enquiry. During the enquiry, the appellant admitted to have fallen asleep during the duty hours and declined to adduce any evidence. The respondent on the other hand examined Shri KK Singh, Chowkidar to prove the charges against the appellant. The Enquiry Officer recorded a finding of guilt against the appellant where after show-cause notice was issued to him proposing the punishment of dismissal from service. The respondent ultimately vide order dated 5.7.1999 dismissed the appellant from service.