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2024 Supreme(Kar) 139

N. V. ANJARIA, KRISHNA S. DIXIT
Managing Director Hindustan Aeronautics Ltd. – Appellant
Versus
Amit Kumar Sinha, S/o. Manoj Kumar Sinha – Respondent


Advocates Appeared:
For the Appellant : Sri Pradeep S. Sawkar.
For the Respondent: Sri K.B. Narayanswamy.

JUDGMENT :

Heard learned advocate Mr. Pradeep S. Sawkar for the appellants and learned advocate Mr. K.B. Narayanswamy for the respondent.

2. The present writ appeal preferred by the appellant-Hindustan Aeronautics Limited-original respondent No.1 under Section 4 of the Karnataka High Court Act, 1961 is directed against the order dated 23.11.2023 passed in Writ Petition No.30380 of 2018, whereby learned Single Judge set aside the order of punishment imposed upon the petitioner-delinquent. It was further provided that the respondents would not be entitled to enforce the terms of security contract and recover the sum of Rs.2,22,757/- and if the amount has already been recovered, it would be required to be refunded to the petitioner.

3. The facts in the background are inter alia that the petitioner, who was serving as an Engineer (Design-ELS) under the respondents, faced the departmental inquiry in respect of the charge of remaining unauthorisedly absent. The charge sheet indicated that the period of such absence was from 22.09.2016 till 06.01.2017. The petitioner sought to defend himself in the departmental proceedings by taking a stand that he made repeated requests for grant of leave a

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