UMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was employed as P.A-I (Personnel) in the Punjab State Electronics Development and Production Corporation, Chandigarh and was posted with the Director, Punjab Optics Systems Ltd. On 20.8.1993, at about 2.30 P.M. he along with his other co-employees entered the room of Mr. J.P. Shah, Director of the Company. They had some altercation with regard to their pending benefits with the company. The petitioner became violent and caught hold of the Director. One of the companions of the petitioner pulled a chair lying in front of the table to the Director and struck it on his neck. The petitioner is also alleged to have given fist blows to the Director.

(2.) In this regard a case was registered and the trial was conducted in the Court of Sub Divisional Judicial Magistrate, Kharar before whom the case was compromised between the parties on 12th February, 1994.

(3.) After the incident the petitioner was suspended and an enquiry officer was appointed to go into the charge. A charge-sheet was framed against the petitioner, which was received by him but he did not attend the proceedings rather raised a defence that since the proceedings were pending before the criminal Court, therefore he could not participate in the enquiry and disclose his defence. Various letters were sent to the petitioner but he did not participate in the proceedings saying that as the charges both in the criminal case and the departmental enquiry were similar, therefore, he need not to participate in the departmental enquiry till the criminal case was over. He was lastly informed to appear before the Enquiry Officer on 9.11.1993 at 10.00. A.M. to specifically admit or deny the charges levelled against him by the Company regarding the alleged assault committed by him on the person of the Director Shri J.P. Shah on 12.8.1993. He was directed that in case he failed to appear to face the enquiry ex parte proceedings shall be taken against him. The Enquiry Officer submitted his report and while accepting the said report, the authority concerned terminated the services of the petitioner on misconduct with effect from 27.11.1993.