HARDWARI LAL Vs. HINDUSTAN MACHINE TOOLS

JUDGEMENT

(1.) THIS L. P. A. by the writ petitioner arises out of a judgment dated February 28, 2007 passed by a learned single Judge dismissing c. W. P. No. 15995/2000.

(2.) IT appears that the appellant was working as Inspector-A (WG-3) of Section No. 1150 in the Hindustan Machine Tools Limited (now HMT Ltd.) - respondent No. 1. On august 17, 1994, he was involved in a criminal case for theft vide FIR No. 57 dated August 17, 1994 registered at Police Station, Pinjore under sections 380/411 of the Indian Penal Code. It also appears that the appellant was tried upon for the said charge and suffered an order of conviction vide judgment dated September 17, 1999 passed by a Judicial Magistrate, panchkula and he was visited with a punishment of confinement till the rising of court and also a fine of Rs. 3000/ -. Appellant hardwari Lal challenged the judgment of conviction and sentence in an appeal and finally earned acquittal in the Appellate Court. It also appears notwithstanding the outcome of trial, a departmental proceeding was initiated and concluded against the appellant, however, the order of punishment of dismissal from service was passed only after the conclusion of criminal trial, but during the pendency of appeal.

(3.) ASSAILING the order of punishment imposed in the departmental proceeding, wherein, the appellant was proceeded ex parte, he filed the writ petition, as aforesaid, but the learned single Judge while placing reliance on the judgment of Hon'ble the Apex Court in Ajit kumar Nag v. General Manager, Indian Oil corporation Limited and Others 20q5-III-LLJ-1129 (SC) dismissed the writ petition.