SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2004 Supreme(Del) 637

MANMOHAN SARIN
RAKESH BEDI – Appellant
Versus
AIR INDIA LTD. – Respondent


Advocates Appeared:
KRISHAN KUMAR GOGNA, RAJIV NAYAR, RAVI KINI, VINAY SABHARWAL

MANMOHAN SARIN, J.

( 1 ) PETITIONER-RAKESH BEDI, A SR. TRAFFIC ASSISTANT, WORKING WITH AIR INDIA, WAS ISSUED A CHARGE SHEET ON 29. 7. 1996, ACCUSING HIM OF MIS-CONDUCT AND BREACH OF STANDING ORDERS. THE GRAVAMEN OF THE CHARGE WAS HABITUAL ABSENCE WITHOUT LEAVE FOR EXTENDED PERIODS OF TIME, WILLFUL INSUBORDINATION SUBVERSIVE OF DISCIPLINE. AN ENQUIRY COMMITTEE WAS CONSTITUTED. REPEATED ADJOURNMENTS WERE SOUGHT ON MEDICAL AND OTHER GROUNDS. ENQUIRY COMMITTEE AFTER CONSIDERING THE ENTIRE RECORD, INCLUDING THE EXPLANATION, AS FURNISHED BY THE PETITIONER SUBMITTED ITS REPORT. A COPY OF REPORT WAS SENT TO PETITIONER. THIS WAS FOLLOWED BY A SHOW CAUSE NOTICE, PROPOSING PENALTY ON PETITIONER. PETITIONER REPLIED TO THE SAME. RESPONDENT VIDE ITS ORDER OF 12. 5. 1998 METED OUT THE PUNISHMENT OF "dismissal WITH RETIREMENT BENEFITS IN FULL. "

( 2 ) RESPONDENT-AIR INDIA LIMITED HAD ALSO SOUGHT APPROVAL UNDER SECTION 33 (2) (B) OF THE INDUSTRIAL DISPUTES ACT FROM THE NATIONAL INDUSTRIAL TRIBUNAL AT MUMBAI, SINCE PETITIONER WAS A PROTECTED WORKMAN.

( 3 ) BY THIS WRIT PETITION, PETITIONER SOUGHT QUASHING OF THE DISCIPLINARY PROCEEDINGS AND ORDER OF PUNISHMENT DATED 12. 5. 1998 AND HIS REINSTATEMENT




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top