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2004 Supreme(SC) 931

ARIJIT PASAYAT, D.M.DHARMADHIKARI
N. T. C. (Wbab And O) LTD. – Appellant
Versus
Anjan K. Saha – Respondent


JUDGMENT

Dharmadhikari, J.-This appeal is preferred by National Textile Corporation (WBAB & O) Ltd. under whose employment the respondent was working on the post of Manager of one of their showrooms.

2. The respondent was charge-sheeted for shortage in stores and manipulation of accounts thereby causing financial loss to the Corporation. After departmental enquiry held by the employer, he was dismissed from service on 22.7.1993. Without resorting to the remedy in industrial law, the respondent filed a writ petition against his dismissal in the High Court of Calcutta. The learned single Judge set aside the impugned dismissal order dated 29.4.1999 and directed his reinstatement with all monetary dues for the period intervening the date of his removal and the date of reinstatement.

3. The writ appeal preferred by the employer to the Division Bench of Calcutta High Court has been dismissed and the order of learned single Judge has been maintained.

4. Both learned single Judge and the Division Bench of High Court set aside the order of dismissal of the respondent on the ground that there were two serious procedural infirmities in the departmental enquiry. Firstly, after conclusion of the en















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