LAKHMIR SINGH Vs. PRESIDING OFFICER & ANR

JUDGEMENT

(1.) Petitioner along with others was held responsible for shortages in the stores of the respondent-Corporation at the relevant time. On enquiry, which was held subsequent to issuance of chargesheet, the petitioner was found guilty. Accepting the enquiry report, the disciplinary authority passed an order of removal of the petitioner from service. Vide award dated 26.2.1996, the labour Court found that the enquiry was held in a fair and proper manner and held that the punishment of removal from service, imposed upon the petitioner, was justified, however, in the case of some other workmen, ordered reinstatement on the ground that they could not have been directly responsible for the alleged loss caused.

(2.) The award of the Labour Court was challenged by the workman-petitioner by filing CWP No.5734 of 1997, wherein this Court vide judgment dated 6.11.2009 observed that there was no scope for interference with the findings in relation to the misconduct, as regards negligence. However, it was further held that the matter be re-examined by the competent authority under the rules, as set out in Regulation 20, with regard to the quantum of punishment which is less than removal from service. The order dated 6.11.2009 passed by this Court in CWP No.5734 of 1997 reads thus:-

(3.) The respondent-Corporation challenged the aforesaid judgment by filing LPA No.207 of 2010. However, during the pendency of said LPA, the management in compliance of order dated 6.11.2009 in CWP No.5734 of 1997, passed fresh order of punishment against the petitioner on 16.4.2010 (Annexure P-2) and the punishment of removal from service was reduced to that of reduction to the lower stage in time scale of Assistant Store Keeper. Resultantly, the petitioner was ordered to be reinstated in service with immediate effect without any backwages or other service benefits for the period he remained out of service of the Corporation. It may also be noticed at this stage that LPA No.207 of 2010 was dismissed with liberty to the petitioner to assail the aforesaid order dated 16.4.2010 in accordance with law.