MOHD MAQBOOL Vs. J K INDUSTRIES, SRINAGAR

JUDGEMENT

(1.) THE petitioner No.1 is Hawaldar and petitioners 2 to 12 are Santeries on the establishment of respondent No.1. They are responsible to maintain the watch and ward of Bemina Woollen Mills Srinagar and everyone discharges the duties at different hours during day and night. A theft is reported to have taken place during strike of employees, knowledge of which accrued to the respondents on 1st.October 1996. A committee was constituted to enquire into the matter and a report came to be filed that since petitioners were attending the Mills during the strike period, therefore, they alone can be held responsible for theft. It is also indicated from the impugned order that the petitioners admitted before the committee that theft could not have taken place unless anyone of them was associated with the mischief. The loss was assessed to the tune of Rs.1,02,779.75 and each of them required to deposit Rs.8,564.98 vide order No: BWH/172/97 dated 6 -1 -1997. This order is impugned through this writ petition.

(2.) THE petitioners admit that a departmental committee was constituted to enquire into the matter but petitioners have not been charge sheeted at all; no opportunity of hearing has been provided to them, no evidence was produced in the matter against the petitioners and there is nothing on the record of the respondents to indict the petitioners, the order has been passed in contravention of the rules and principles of natural justice and the respondents have been unfair and unreasonable to the petitioners. These averments have been specifically taken in the writ petition also.

(3.) THE Writ petition was admitted on 26 -2 -1997 after hearing the learned counsel for the parties. Six weeks were granted to the respondents to file the counter with liberty to the petitioners to file the rejoinder within two weeks thereafter. It was specifically provided in the order that defaulting party would not be entitled to extension of time. Respondents did not choose to file the counter and the factual averments made in the writ petition are unrebutted.