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2005 Supreme(Cal) 629

ASIT KUMAR BISI, V.S.SIRPURKAR
Bharat Coking Coal Limited – Appellant
Versus
Ramesh Prasad Srivastav – Respondent


Judgment :-

(1.) This appeal is at the instance of the employer, Bharat Coking Coal Ltd. challenging the judgment of a learned Single Judge of this Court whereby the writ petition filed by the respondent Ramesh Prasad Srivastav was allowed and the punishment awarded to him as a result of the departmental proceedings against him was set aside. By the impugned order, the learned Judge set aside the orders dated 7.7.1991 and 18.6.1992 and directed the appellant to forthwith place the case of the petitioner with appropriate Selection Committee within a period of three months from the date of service of a copy of the order upon the respondent employer. In short, the writ petitioner-respondent was held to be wholly exonerated on the facts and was ordered to be reinstated to his earlier position.

(2.) By way of facts we may state that the original writ petitioner was working with the appellant herein and while so working was served with a charge- sheet dated 17.2.1987. In the charge-sheet, three charges were levelled against the writ petitioner. They being (a) that he failed to maintain absolute integrity, (b) that he had acted in a manner prejudicial to the interests or image of the compa










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