( 1 ) ON behalf of the petitioner, learned counsel impugns the award dated 10-6-2002 of the Central Government Industrial tribunal No. 1. It has refused to interfere with the punishment of dismissal on the petitioner herein. The petitioner impugned the award briefly on the following counts. It is firstly pointed out that the Criminal Court in respect of the offences which is the subject-matter of the charge-sheet and on which the charge-sheet was founded discharged the petitioner. Once the petitioner was discharged, the respondent-employer could not have proceeded with the enquiry. Secondly, it is submitted that the punishment imposed considering the charge proved and the past service record is disproportionate and consequently has to be set aside. It is further submitted that if the past record was to be considered, the petitioner ought to have been informed of the same so as to enable him to give his explanation. That has not been done and consequently, on that count, the punishment imposec was in violation of principles of natural justice and fair play and consequently also the punishment is liable to be set aside.

( 2 ) THE petitioner was in the employment of respondent No. 1 c

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