SUKHBIR CHAND Vs. CHIEF MANAGER

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the award dated April 3, 2008, Annexure P-12, passed by the Labour Court, whereby the order of termination of the services of the petitioner was not found to be invalid.

(2.) THE petitioner was served with a charge-sheet dated March 20, 1991 alleging therein that the petitioner, while officiating as receipt-cashier in the Branch, has made payment of Rs. 5 lacs against the fictitious cheque of Mahajan Exports. In the departmental enquiry, it was found that the petitioner has deposited a sum of Rs. 4,49,920/-on March 19, 1990 in the account of the customers. It was further found that the petitioner had either himself or through somebody else got the cheque prepared and the money was withdrawn. On the basis of findings recorded by the Enquiry Officer, the petitioner was served with a show cause notice dated march 26, 1992. After considering the reply by the petitioner on April 10, 1992, an order of punishment of dismissal from service was passed on April 18, 1992.

(3.) IT is the case of the petitioner that on the same allegation First Information Report was registered against him on March 19, 1990 in which one Lakhi Dutt was accused along with the petitioner. The criminal trial arising out of that FIR resulted into acquittal of the petitioner vide judgment dated April 27, 1999. Since the allegations before the criminal Court were the same, pertaining to identical facts, the petitioner claimed that the order of punishment requires to be reconsidered and recalled as a result of acquittal by the criminal Court.