AIR INDIA Vs. RATHOD RATHAN SINGH

JUDGEMENT

(1.) The present writ appeal is arising out of order dated 28.06.2019 passed in W.P.No.41825 of 2018 by the learned Single Judge allowing the writ petition preferred by sole respondent herein directing his reinstatement into service.

(2.) The facts of the case reveal that the respondent/employee before this Court was working on the post of Assistant Security Officer in the service of Air India and was posted at Rajiv Gandhi Airport, Hyderabad. The Director of Revenue Intelligence on the basis of inputs received by them that the respondent - Assistant Security Officer along with other persons would be attempting to smuggle foreign gold bars into India, apprehended two persons and the respondent also. The respondent confessed his misdeeds before the Director of Revenue Intelligence and a follow up search was conducted on 09.10.2018 at his residence by the officials of Director of Revenue Intelligence and an amount of Rs.1,80,000/- was recovered from him, which he has received from Sri Syed Majid Hussini towards consideration for smuggling gold worth Rs.2 crores. A panchanama was prepared on 09.10.2018. The gold was confiscated and proceedings were initiated by competent authority and there is an adverse order against the respondent under the Customs Act. The respondent was terminated by the employer by invoking the provision of Regulation 13-A of the Indian Airlines (Employees other than Flying Crew and those in the Aircraft Engineering Department) Service Regulations. Meaning thereby, no departmental enquiry was held and by invoking Regulation 13-A, the order of dismissal was passed. The order of dismissal is on record and the same is reproduced hereunder:

(3.) Learned Single Judge has allowed the writ petition only on the ground that Employees Service Regulation 2003 at the time the order was passed was not in force as new Regulations came into effect from 01.04.2013 and the 2003 Regulations stood repealed. Regulation 13-A of the 2003 Regulations reads as under: