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2002 Supreme(Del) 340

MANMOHAN SARIN
RAM KUMAR – Appellant
Versus
I. T. D. C. (ASHOKA HOTEL UNIT) – Respondent


MANMOHAN SARIN

( 1 ). The petitioner has filed this writ petition seeking a writ of certiorari to quash the award dated 30. 11. 1999, passed in I. D. No. 307/86 (New No. 38/94 ). Directions are sought to the respondents to reinstate the petitioner with all consequential benefits.

( 2 ). The petitioner at the relevant time in june, 1985 was employed at the Ashoka Hotel Unit, chanakyapuri of M/s ITDC as a Houseman. The charge against the workman was that on 29. 5. 1985, while on duty on third floor of the hotel, between 19. 20 hours to 22. 00 hours, he entered room No. 336 occupied by one Miss J. I. Hill of British High commission, Kabul and stole Rs. 150/- from the handbag of the guest.

( 3 ). It is the case of the management that on the complaint of the guest, preliminary investigations were done. The petitioner accepted his guilt before the Assistant Manager and refunded the sum of Rs. 150/-, which he had removed. Subsequently, a charge-sheet was issued on 14. 6. 1985. The petitioner did not respond to the same initially and filed a reply only on 6. 8. 1985. Mr. R. C. Girotra, manager of the respondent Hotel was appointed as an Enquiry Officer. An enquiry was conducted by the said








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