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2006 Supreme(SC) 709

S.B.SINHA, DALVEER BHANDARI
Anand Regional Co-op. Oil Seedsgrowers Union LTD. – Appellant
Versus
Shaileshkumar Harshadbhai Shah – Respondent


JUDGMENT

S.B. Sinha, J. — Leave granted.

2. The Respondent was working as an Assistant Executive in the Quality Control Department of the Appellant Cooperative Society. On an allegation that he had committed a misconduct, a disciplinary proceeding was initiated against him. The disciplinary proceeding was initiated relying on or on the basis of a letter dated 16.9.1993 of Shri Shreedharani, the then Chief Executive working in the Appellants, addressed to the Chairman complaining about the serious misconduct committed by certain employees including the Respondent on 15.9.1993. In the departmental proceeding Shri Shreedharani and other persons were examined as witnesses. The Enquiry Officer found the Respondent guilty of the alleged misconduct on his part, holding:

(a)the respondent held a meeting in the lawns of Appellant without permission and levelled false allegations against his Senior Officer Mr. Shreedharani and behaved badly with him.

(b)The respondent alongwith his other colleagues forcibly entered into the cabin of Mr. Shreedharani who was at that point of time in serious discussions with his accountant despite his raising objections to the same.

(c)The respondent also threate




















































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