1. This petition was admitted by this Court on 20.02.2009. Interim relief was not granted.

2. The issue to be decided in this petition is as to whether, the order of fresh appointment issued by the Employer would presuppose imposition of the punishment of dismissal or as to whether, it would tantamount to a punishment in itself?

3. The contention of the Petitioner who was Class-C employee working with the Respondent/MSRTC is that he joined service on 07.03.1979. He was charge sheeted on 09.03.1999 for having submitted the bills of the medicines from Omkar Medical Store, without purchasing the medicines and claimed reimbursement. He was charged with having deceived the MSRTC. After conducting a departmental enquiry, he was dismissed from service on 12.08.2000.

4. It is further contended that the Petitioner preferred the first departmental appeal, which was dismissed on 02.10.2000. He preferred the second departmental appeal which was partly allowed on 26.12.2000 and the order of dismissal was set aside and a fresh appointment order was issued, by way of punishment.

5. The Petitioner joined duties in pursuance to the fresh appointment order. However, he preferred Complaint (ULP