GENERAL MANAGER HMT LTD Vs. DAMODAR PRASAD AGARWAL

JUDGEMENT

(1.) THE respondent was dismissed from service by the appellants on the ground of misconduct. THE order of dismissal was assailed by the respondent by filing appeal and after unsuccessful appeal a writ petition was filed by him which was allowed by the learned Single Judge on November 6, 1998. In this appeal, the appellants have called in question the said order of learned Single Judge, whereby the dismissal of respondent was set aside with all consequential benefits.

(2.) CONTEXTUAL facts depict that the respondent was appointed in the appellant-company as Technical Buyer on November 11, 1971 and promoted as Supervisor in 1975 and Purchase Officer in 1981 (Junior Design Engineer ). On April 6/8, 1992 charge sheet (Annexure-12) was issued against respondent on the ground of misconduct in availing unauthorised leave between March, 1990 to February, 1992. Regarding the alleged absents the respondent replied that due to serious illness of his wife, who had undergone operation at JLN Hospital Ajmer, the respondent had to remain on leave which were duly sanctioned. Another charge sheet was issued on April 18, 1992 for absent on March 6, 1992 at 9. 30 AM to 10. 30 AM. Regarding the alleged absent the respondent replied that he was very much on duty and went to Accounts Department, which fact was clear by the entry of coming-Going Registers of Accounts Department. Initially Mr. Haq (a junior employee of respondent) was appointed as Enquiry Officer, despite the objection of respondent. On June 30, 1992 when the respondent was on sanctioned leave the enquiry was held ex-parte. The Enquiry Officer submitted his report (Annexure-R/18) without signing the same. Enquiry of other chargesheet also was held ex- parte and enquiry report (Annexure R/19) was undated.

(3.) FOR these reasons the appeals fails and stands dismissed without any order as to costs. .