RASTRIYA AUTO SALES Vs. AUTHORITY APPOINTED UNDER

JUDGEMENT

(1.) The matter comes up on the application under Article 226(3) of the Constitution of India for seeking vacation of ex parte interim order dated 12.07.2007 granted by this Court. At the request of the parties, the matter is finally heard at this stage.

(2.) Brief facts of the case are that the respondent No. 2 Shri Pawan Agarwal was working as a Sales Representative in petitioner's establishment. On account of indisciplined act of the respondent No. 2, the petitioner firm issued two charge-sheets to him on 31.08.2002 and 16.10.2002. In response to the aforesaid charge-sheets, the respondent No. 2 submitted reply.

(3.) The petitioner firm appointed Shri Rajesh Kuamr Sharma as enquiry officer, who conducted enquiry so far as both the charge-sheets are concerned and after giving opportunity of being heard to the respondent No. 2 and after completion of the enquiry, the enquiry officer submitted his report holding the respondent No. 2 guilty of the charges and the charges levelled against the respondent No. 2 in the charge- sheets were found proved and thus, the respondent No. 2 was dismissed from service vide letter dated 17.12.2002.