SENGUPTA, J.

(1) This appeal is arising out of a judgment and order of dismissal of writ petition of the learned Single Judge dated 24th March, 2006. The short fact of the case leading to preferring this appeal is set out hereunder:-

(2) One Aijuddin Sheikh, since deceased, being predecessor in interest of the respondent No. 3 (a), (b), (c) and (d) was an employee in the capacity of Tractor Driver of the appellant. While he was in duty he was charge-sheeted on or about 21st June, 1996 alleging against him having committed theft of 3 kgs. of brush dust belonging to appellant and at the same time he was asked to show cause as to why he should not be terminated from his services. On service of the said charge-sheet he was placed under suspension from his service. Thereafter, he had shown-cause in writing explaining the entire incident and pleaded not guilty and denied the allegations of misconduct.

(3) The management/appellant however, having not been satisfied with the explanation conducted a domestic/internal enquiry by appointing it labour officer as enquiry officer to hold enquiry. Thereafter enquiry was held on notice being served upon the said deceased employee. It app