Judgement

ORDER:- Petitioner was a permanent staff member of the Indian Oil Corporation. He along with others, is said to have been involved in theft of oil from Haldia Dock Complex. An FIR was lodged against all the persons who committed the theft including the petitioner. On that basis, Criminal Case No. 1 was registered and he was arrested on September 6, 1988 and was subsequently released on November 3, 1988. Relying upon Station Order No. 20-IV of the Corporation, he was dismissed from service, which reads thus :

"Where a workman has been convicted for a criminal offence in a court of law or where the General Manager is satisfied for reasons to be recorded in writing that there is neither expedient nor in the interest of security to continue the workman, the workman may be removed or dismissed from service without following the procedure laid down under III of this clause."

2. When the services of the petitioner were terminated he challenged the validity of the Rule in question by filing a writ petition in the Calcutta High Court. The High Court in W.P.C.O. No.1590 (W) of 1989 and on appeal from Original Order Tender No. 3066/92 by order dated 28th June,1995 upheld the validity o