JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. Whether the punishment of dismissal from service of the appellant is disproportionate to the act of misconduct proved against the appellant and whether the concurrent findings of the Courts below need to be interfered with are the points falling for consideration in this appeal.

3. Brief facts which led to the filing of this appeal are as follows:-The appellant was working as a semi-skilled workman since 15.8.1986 in the respondent-company, namely, M/s. L.M.L. Limited (Scooter Unit), Kanpur. The appellant was served with a charge-sheet on 18.4.1992 stating that on that date, he threw jute/cotton waste balls hitting the face of Laxman Sharma, Foreman in the said company and on objecting to the same, the appellant is alleged to have further abused him with filthy language and also threatened him with dire consequences outside the premises of their factory. On 25.4.1992, the appellant submitted an apology letter stating that he had thrown piece of jute which fell on Foreman Laxman Sharma by mistake and seeking pardon for the same. A departmental inquiry was conducted on 25.5.1992 and the appellant was given adequate opportunity to cross-exam