JUDGMENT - AGARWAL ASHOK, J.:—By Writ Petition No. 2052 of 1986 the petitioner seeks to challenge the order dated 7th August, 1986 passed by the Chairman of the Food Corporation of India (FCI) Departmental Canteen, Sewri, Bombay 400 033 passed in the appeal of the petitioner whereby the petitioner was discharged from service.

2. The petitioner at the material time was employed in the canteen of the FCI Department in 'C' Shed, Sewri, Bombay-400 033 as a coupon clerk. On 30th October, 1985 the services of the petitioner were sought to be terminated with effect from 28th October, 1985 on the ground that the petitioner had participated in a strike on 28th October, 1985. On 16th November, 1985, the aforesaid order was withdrawn and the petitioner was placed under suspension. Being aggrieved the petitioner on 17th December, 1985 filed Writ Petition No. 2544 of 1985 challenging the order of suspension. On 13th January, 1986 Rule was issued and an interim order was passed directing the respondents to pay full salary to the petitioner pending the hearing and final disposal of the petition. Pending this petition, the petitioner was served with a charge sheet dated 28th January, 1986. A Depart

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