Judgment

WANCHOO, J. : This appeal by special leave arises out of a dispute between the appellant and its workmen with respect to the dismissal of one Akhileshwar Prasad, Akhileshwar Prasad was responsible for the maintenance of leave registers. In December, 1957 he was charged with regard to his willfully omitting to make entries in respect of the annual leave, sick leave and casual leave taken by him during the period from January 1, 1957 to September 28, 1957. He was also charged with altering and overwriting without the appellant s knowledge entries relating to 1957 leave and leave carried forward from the previous year 1956 in respect of certain other employees, thereby intentionally causing wrongful gain to himself and to other clerks. The last charge was with respect to his neglecting the duty of keeping in safe custody the leave register for 1956 which was missing. Akhileshwar Prasad denied his responsibility with respect to these charges and consequently an inquiry was made against him.

2. Under the Standing orders of the appellant an elaborate procedure is provided for inquiries into charges of misconduct like the present. The charge has to be read out to the employee & al