JUDGEMENT

R.M. Lodha, J.—

Leave granted.

2. In this appeal by special leave, interpretation and construction of Regulation 12 of Service Regulations for Employees (other than those in the Flying Crew and those in the Aircraft Engineering Departments) - for short ‘Service Regulations’ - framed by respondent no. 1, is involved.

3. Padubidri Damodar Shenoy - appellant – joined the services of the Indian Airlines Limited - respondent no. 1 as Traffic Assistant on January 13, 1977. The appellant was promoted from time to time and, lastly, he was promoted to the post of Manager in the commercial department. In or about September, 2002, the appellant was posted to work at Muscat as Airport Manager but was recalled from posting soon thereafter and posted as Manager, Mumbai Airport. The appellant challenged the pre-mature recall by filing writ petition which was later on withdrawn. It is not necessary to refer to the details of that writ petition as the subject matter of the present appeal does not concern that. What is relevant to be noticed here is that a charge-sheet dated January 16/21, 2003 was served upon the appellant; enquiry was conducted and the appellant was found guilty of misc