MADAN LAL SHARMA Vs. H.P. KHADI

JUDGEMENT

(1.) This Letter Patent Appeal is directed against the judgment dated 24.02.2009 of learned Single Judge, rendered in CWP (T) No. 2953 of 2008. Material facts necessary for adjudication of this appeal are that the appellant was appointed temporarily with respondent-H.P. Khadi and Village Industries Board (hereinafter referred to as 'the Board' for the sake of convenience) in October/1972 as Technician (Bamboo). He was served with a memorandum dated 29.04.1995 under Rule-14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. He filed reply to the charge-sheet on 15.05.1995. He has also appeared before the Managing Director of the respondent-Board on 31.05.2005. The disciplinary authority, i.e., Chairman of the respondent-Board has dismissed the petitioner on 15th June, 1995. It is in these circumstances that the petitioner has filed an Original Application No. 5 of 1996, which was transferred to this Court and was assigned CWP(T) No. 2953 of 2008. Learned Single Judge dismissed the CWP(T) No. 2953 of 2008 on 24.02.2009.

(2.) Mr. Ashwani K. Sharma, learned Counsel for the appellant has vehemently argued that the petitioner has not admitted his charges and he has only explained the same. He then contended that a regular inquiry should have been held on the basis of charge-sheet dated 29.04.1995. He then contended that his client has been acquitted by the learned Chief Judicial Magistrate, Hamirpur in criminal case on 19.06.2004 and in these circumstances, the dismissal order is liable to be set aside. He also argued in the alternative that the gratuity of the petitioner could not be withheld.

(3.) Ms. Rita Goswami, learned Counsel for the respondent has sup-ported the judgment dated 24.02.2009 passed by the learned Single Judge.