Arijit Pasayat, J.

Bitter relationship between the employer and the employee has resulted in a large number of litigations; unfortunately and inevitably creating an atmosphere of distrust. In most of the cases, the employer complains of misconduct by the employee concerned; while the employees usually plead victimization. The present case is no exception.

2. Starting point of the controversy was about two decades back. the respondent (hereinafter referred to as the employee) was appointed on a probation basis in May, 1981. His appointment was on temporary basis and he was not confirmed even after the initial period of probation. Alleging that he assaulted a senior officer and along with others ransacked the office creating chaotic condition, an order of dismissal was passed on 7.12.1983. On the alleged date of incident, information was lodged with police. The order was passed in respect of two employees the present appellant and one Mr. V.K. Talwar. It was pointed out in the order of dismissal that it would not be practicable to hold an enquiry before directing dismissal. The respondent-employee, on the order hand, alleged that the order of dismissal was the outcome of victimization.