JUDGMENT - GOKHALE H.L., J.:—This appeal and the cross objection arise out of an oral judgment and order of a learned Single Judge of this Court dated 4th September, 1996 allowing the writ petition filed by respondent No. 1 herein against his dismissal from service but substituting the impugned departmental order passed by the Appellant with only compensation. The appellant is aggrieved by that part of the order passed by the learned Single Judge which interferes with their disciplinary order and that is why it has filed this appeal. The respondent No. 1, on the other hand, is aggrieved by that part of the order passed by the learned Single Judge not granting the full relief of reinstatement with full back wages which the respondent No. 1 had sought in the said writ petition. That is why the respondent No. 1 has filed the cross objection.

2.The short facts leading to this appeal are as follows :

The respondent No. 1 was working as an Acting Deputy Manager in-charge of Oil Movement and Storage Department under the Appellant at is refinery situated in Chembur, Mumbai. The Appellant is a statutory Corporation set up under the ESSO Acquisition Act, 1974 and also incorporated under the Co

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