JUDGMENT - Smt. RANJANA DESAI, J.:---The petitioner, an ex-employee of Air India, has impugned in this petition the order dated 11th January, 1988, passed by Deputy Director Inflight Service, dismissing him from the service of Air India Corporation from the date of communication of the order to him. He has also impugned the order dated 30th March, 1988, passed by Secretary and Deputy Director (Administration) Air India dismissing his appeal against the said order dated 11th January, 1988.

2. The petitioner was working as an Assistant Flight Purser with Air India. He was on temporary posting at London, where he was posted along with several others to perform flight duty, and to facilitate his stay in London, the petitioner was provided with accommodation in Sheraton Heathrow Hotel. On 30th of April, 1974, he was apprehended at about 8 p.m. by London Police on the allegation of being in possession of 195 mgs. of Canabis, a controlled drug of Class B. The charge-sheet read as follows :

"At 95, Gunterstone Road, W-14, he did have in his possession 195 mgs. of controlled drug of class 'B' to wit Canabis, in contravention of section 5(1) of Misuse of the Drugs Act, 1971".

The petitioner was subsequently tried before the Magistrate's Court at West London. Before the English Court, he pleaded guilty. The English Court conditionally discharged him.

3. The petitioner's services were terminated vide order dated August 27, 1974. The petitioner challenged the said termination by preferring Miscellaneous Petition No. 527 of 1975. In this Court. By his judgment and order dated 24th of September, 1979, a learned Single Judge of this Court set aside the said order of termination because the said order was passed under Regulation 48 of the Air India Employees Service Regulations and the said Regulation 48 was struck down by this Court in Miscellaneous Petition No. 1663 of 1975 decided on 19th July, 1979. (S.S. Muley v. J.R.D. Tata and others)1, 1980 Lab.I.C. 11.

4. Air India preferred an appeal being Appeal No. 437 of 1979 against the said judgment and order setting aside the order terminating petitioner's services. A Division Bench of this Court by its judgment and order dated 26th June, 1986, dismissed the said appeal because, by that time. Regulation 48 of the said Regulations was also struck down by the Supreme Court. The Division Bench set aside the order of termination dated 27th/30th August, 1974 and ordered that the petitioner shall be entitled to receive all the emoluments, pay, amounts etc., which he was entitled to, subject to the petitioner giving credit to Air India of all the amounts paid or received or withdrawn from the Court by him pursuant to the interim order dated 26th November, 1985, passed by the High Court. The Division Bench further ordered that the amount of Rs. 45,000/- deposited in Court pursuant to the said order shall also be paid to the petitioner for which he will give credit to Air India. It was further clarified that Air India shall be at liberty to hold a departmental enquiry against the petitioner. Pursuant to the High Court's decision, by letter dated 31st March, 1987, the petitioner was suspended from service. The letter dated 31-3-1987 states that the petitioner was being suspended pending enquiry with immediate effect and that, during the period of suspension, he will be paid subsistence allowance as per the provisions of the Air India Employees Service Regulations.

5. A charge-sheet dated 13th April, 1987 was issued to the petitioner. The charge-sheet stated that while the petitioner was temporarily posted at London from 19th March, 1974, he was apprehended in his hotel room for being in possession of 195 mg. of controlled drug of Class B, to wit, Canabis, in contravention of section 5(1) of the Misuse of Drugs Act, 1971, by the London Police on April 30, 1974. It was further stated that the petitioner was tried before the Magistrate's Court at West London and convicted of the said offence and sentenced to

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