JUDGMENT

Sanjay Kishan Kaul, J. - The respondent was employed as a workman with the appellant (earlier known as M/s. Alstom Projects Limited) in 1998 when an incident took place on 15th July, 1998 which resulted in a charge sheet-cum-Suspension Order dated 15th July, 1998 charging the respondent with theft and dishonesty in connection with the company's property and act subversive of discipline.

2. The respondent apparently took a hospital gate pass at 10.05 a.m. but went out of the gate at 10.30. a.m. not handing over the gate pass but on the pretext he would go to the pan shop nearby, the ramification of this was the respondent was not checked personally. He actually went to the pan shop and was standing there for about two-three minutes but then started moving towards I.B. road. This movement was seen by the security head guard who asked one of the security guard to call the respondent back. Suffice to say that some reluctance was shown by the respondent and he stopped on the way back to ease himself without actually easing himself and in the process he is allged to have thrown a copper wire weighing 1.4 kgs. which was tied to his waist in cloth at that site from where the items