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1987 Supreme(Bom) 428

H.H.KANTHARIA
BHAGWAN DHONDU TARKAR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Appellant : R.J. Kochar
For the Respondent: H.L. Gokhale, Asstt. Govt. Pld

JUDGMENT :

H. H. Kantharia, J.—In these four petitions under Article 226 of the Constitution, facts are common and the law points are the same and, therefore, they are being disposed of by this common judgment.

2. The petitioners, in all the writ petitions, were in the employment of the second respondent. They were charge-sheeted on 24th November, 1981, inter alia, alleging against them that they assaulted one D.T. Jadhav, second respondent's Security Officer/Incharge, near Vasai Railway Station on 15th November, 1981 at about 6.30 p.m. The charge framed against them was 'riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline". The petitioners submitted their written explanations on 30th November, 1981 denying the charges levelled against them as false and fabricated and further contending that they were being victimised for their trade union activities. The petitioners were suspended pending domestic enquiries. Thereafter, domestic enquiries were held by one Namdco K. Aher. The petitioners participated in the said enquiries and were defended by one P. Ganguli, a trade union representative. The Enquiry Officer held the petitioner

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