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1976 Supreme(SC) 76
SUPREME COURT OF INDIA
Y.V. CHANDRACHUD AND V.R. KRISHNA IYER, JJ.
Abdul Wahab, Appellant
Versus
Divisional Engineer, M.P. Electricity Board and another, Respondents.
Civil Appeal No. 2199 of 1970,
D/- 5-3-1976.
Headnote:
Constitution Of India,1950 - Articles 226 and 227 - Madhya Pradesh Industrial Relations Act, 1960 - Section 31 (3) - Enquiry - Electricity Board - Seven charges were framed against appellant in a departmental enquiry held by Madhya Pradesh Electricity Board- Those charges were accepted by Enquiry Officer and as a result of his findings an order of dismissal was passed against appellant- appellant challenged that order before Labour Court under Section Madhya Pradesh Industrial Relations Act- Labour Court upheld order of dismissal but its award was set aside in revision by Industrial Court- Being aggrieved by latter judgment Electricity Board filed application in High Court of Madhya Pradesh Constitution writ petition was allowed by High Court by its judgment -Held, Appears on behalf of appellant contends that appellants dismissal is indefensible biased as it is on an alleged misconduct entirely unconnected with his official duties- Having gone through judgments of Labour Court Industrial Court and High Court and having had a fresh look at evidence we see no reason for interfering with view that order of dismissal is justified and is supported by evidence relating to appellants official discharge of duties appeal must therefore fail but there will be order as to costs- Court must record that learned counsel for Madhya Pradesh Electricity Board has assured this Court that appellant applies afresh for post of a lower division clerk that application will be considered favorably and sympathetically - Appeal dismissed
Judgment
CHANDRACHUD, J. - Seven charges were framed against the appellant in a departmental enquiry held by the Madhya Pradesh Electricity Board. Those charges were accepted by the Enquiry Officer and as a result of his findings, an order of dismissal was passed against the appellant. The appellant challenged that order before the Labour Court under Section 31 (3) of the Madhya Pradesh Industrial Relations Act, 1960. The Labour Court upheld the order of dismissal but its award was set aside in revision by the Industrial Court. Being aggrieved by the latter judgment, the Electricity Board filed and application in the High Court of Madhya Pradesh under Articles 226 and 227 of the Constitution. The writ petition was allowed by the High Court by its judgment dated April 13, 1970. The High Court reopened the order passed by the Labour Court upholding the appellants dismissal. This appeal by special leave is directed against the judgment of the High Court.
2. Mr. Naunit Lal who appears on behalf of the appellant contends that the appellants dismissal is indefensible, biased as it is on an alleged misconduct entirely unconnected with his official duties. Having gone through the judgments of the Labour Court, Industrial Court and the High Court and having had a fresh look at the evidence we see no reason for interfering with the view that the order of dismissal is justified and is supported by evidence relating to the appellants official discharge of duties.
3..This appeal must therefore fail, but there will be no order as to costs. We must record that learned counsel for the Madhya Pradesh Electricity Board has assured this Court that if the appellant applies afresh for the post of a lower division clerk, that application will be considered favorably and sympathetically.
Appeal dismissed.
For Citation: AIR 1977 SC 2079
