BHUPENDER DEV JAIN Vs. HARYANA BREWERIES LTD

JUDGEMENT

(1.) The petitioner was appointed Finance Controller-cum-Chief Accounts Officer with the respondent-Corporation vide order dated 25th April, 1984 (Annexure P-1). Vide order Annexure P-2 the post held by the petitioner was redesignated as General Manager (Finance) and the petitioner was duly confirmed against the said post. In December 1986 the petitioner issigned from the said post, but in March, 1989 he was 'compelled', rs he puts it, to rejoin the same post, and the respondent-Corporation even treated this period of absence as one of extra-ordinary leave. It has been averred by the petitioner that his work and conduct remained excellent, but nevertheless vide order Annexure P-5 dated 14lh September, 1989, his services were terminated. The aforesaid order has been impugned by way of this writ petition.

(2.) It has been averred in the writ petition that the Corporation has adopted the Service bye-laws called the Haryana State Industrial Development Corporation Employees' Service Bye-Laws, and the relevant bye-law which deals with the procedure to be followed, where the services of a permanent employee are to be terminated simplicitor is bye-law 3.2 which is reproduced below:-

(3.) In reply to the petition the stand of the respondent is that the work and conduct of the petitioner had been unsatisfactory and amongst other acts of misconduct he has been guilty of embezzlement and misappropriation. It has been asserted that as the petitioner did not maintain the dignity and prestige of his office, it was thought fit to terminate his services in terms of bye-law 3.2 ibid.