IMPORTANT POINT
High Court in cases of departmental enquiries and findings recorded therein does not exercise powers of appellate Court/Authority and its Jurisdiction is very limited.

JUDGMENT

S.P. Kurdukar, J.-The first appellant is a company incorporated under the Companies Act, 1956 and carries on business at various places/centres in India having its registered office at Bombay. The first appellant (for short the Corporation ) carries on its business of selling petrol and petroleum products at various places in India. The second appellant is the Director, Research and Development Centre, Faridabad in Haryana State.

2. The respondent-Ashok Kumar Arora joined the service of the Corporation as a Junior Stenographer on August 6, 1974 and thereafter came to be promoted as Senior Stenographer on December 26, 1977.

3. In the year 1964, it had come to the notice of the corporation that some of its employees were presenting false medical bills and getting them reimbursed from the Corporation. In order to verify the truth or otherwise of such claims, a vigilance enquiry was held by the office of Chairman of the Corporation (Indian Oil Corporation Ltd.) which unearthed a racket of its employees claiming reimbursements on presenting false medical bills. The report was accordingly submitted by the vigilance department to the Corporation identifying the respondent as the organiser and the principal man behind the said racket amongst other employees of the Corporation. The Corporation after obtaining the approval of its Chairman on April 10, 1984 lodged the FIR of forgery and cheating by preferring claims on the basis of false medical prescriptions from Dr. Mrs. Puja Kundra and false medical bills showing the purchase of various medicines. The vigilance department also suggested to initiate proceedings against the employees who obtained the benefits by cheating the Corporation. This action was suggested under the Conduct, Discipline and Appeal Rules, 1980 of the Indian Oil Corporation Ltd. (for short CDA Rules ).

4. Pursuant to the FIR lodged on April 10, 1984, the investigating agency on completing the investigation filed a charge sheet in the court of Metropolitan Magistrate, Faridabad on May 1, 1985 against the respondent for the offences punishable under Sections 420, 468 and 471 of the Indian Penal Code. In the meantime, on July 7, 1984, the respondent came to be arrested by the local police and was detained in the police custody for over 48 hours. The Corporation taking recourse to CDA Rules suspended the respondent on July 11, 1984 with effect from the date of his arrest and detention in the police custody for over 48 hours. The Addl. Chief Judicial Magistrate, Faridabad, on conclusion of the trial convicted the respondent on two counts i.e. under Sections 420 and 471 of the Indian Penal Code and sentenced him to undergo RI for two years and to pay a fine of Rs. 500/- ; in default of payment of fine to undergo further imprisonment for a period of three months and RI for one year and to pay a fine of Rs. 500/-; in default of payment of fine to undergo further RI for three months respectively. Substantive sentences were directed to run concurrently. On such convictions being recorded by the criminal court, the Corporation by an order dated February 21, 1989 dismissed the respondent from service of the Corporation.

5. The respondent being aggrieved by the order of conviction and sentence passed by the Addl. Chief Judicial Magistrate, Faridabad, preferred an appeal to the Session Court, Faridabad and the Addl. Sessions Judge vide his order dated July 13, 1989, allowed the appeal and set aside the convictions and sentences of the respondent and acquitted him of all the charges. The revision against the order of acquittal filed before the Punjab & Haryana High Court by the Corporation came to be dismissed. The S.L.P. to this Court was also dismissed. The net result, therefore, was that the respondent stood acquitted of the criminal charges.

6. The respondent who was dismissed from the service of the Corporation pursuant to the order dated February 21, 1989 file