( 1 ) BY way of Special Civil Application No. 5436/95, the appellant-petitioner has challenged his impugned order of dismissal dated 18. 8. 1993 (Annexure-B to the main petition) passed by the respondent-Corporation. It was dismissed by the learned Single Judge of this court on 16. 4. 1996. Hence, this appeal.

( 2 ) THE appellant-petitioner had initially joined his services as Senior Mechanic in January, 1970. Since then he was working in the respondent-Corporation till the impugned order of dismissal came to be passed in 1993. During this period from 1970 to 1993 because of his good performance, within a period of less than 2 years i. e. in August, 1971, he was initially promoted to the post of Service Engineer and, thereafter, in 1976 he was further promoted as Manager (Jr.) Complex. He was further promoted to the post of Manager (Complex) in 1979 and in September, 1986 he was further promoted to the post of Divisional Manager (Agro Services ). It is the case of the petitioner that during the period of 23 years from 1970 to 1993, his work was appreciated by one and all, which is stated in para 5 of this petition. During this period he was sent to various places like Bombay, Delhi and Hyderabad and in March, 1991 he was sent for training to Indian Institute of Management, Ahmedabad regarding Programme in Agricultural Input Marketing. His services were highly appreciated, as stated by him in his petition in paras 6. 1 to 6. 8. It includes different Managing Directors, including Mr. K. S. Varma, who had highly appreciated him in June, 1990. All these averments made in the petition by the petitioner remained uncontroverted as though served with notice, the respondent-Corporation had not preferred to file any reply to it.

( 3 ) IT is stated by the petitioner in his petition that from 1970 till June, 1991 neither any inquiry was held nor even a memo was issued to him, but all of a sudden on 26. 6. 1991 the petitioner was placed under suspension by Mr. K. S. Varma, Managing Director of the respondent-Corporation on the ground that he committed serious misconduct for which regular departmental inquiry was required to be initiated against him and accordingly he was placed under suspension with effect from the date of passing of the order i. e. 26. 6. 1001 from his post of Divisional Manager (Agro Services ). Aggrieved by this order of suspension, the petitioner had approached this court by way of Special Civil Application No. 4295/91 and the learned Single Judge of this court while admitting that petition stayed the order of suspension by granting mandatory ad interim relief in his favour. In pursuance of the said order passed by the learned Single Judge of this court, he was reinstated in service. After a period of almost one year of reinstatement, for the first time in July, 1991 charge sheet (Annexure-F to the main petition) was issued by Mr. K. S. Varma, Managing Director of the respondent-Corporation for the following three charges :- (I) You had proposed a Note vide Ref. No. DM/as/123 dated 22nd April, 1991 for procurement of Steel by M/s. Hitesh Steel Industries Pvt. Ltd. from various institutions through our Corporation. Managing Director disapproved of the proposal and suggested that the Corporation should not act as an agent of a private party, but should act ourselves and obtain the quantity from the Government directly. The file with the above remarks of Managing Director reached you through AGM (AS) who directed you to offer your remarks on 13. 5. 91. You reiterated your earlier view points which had been rejected by Managing Director. Thereafter, without obtaining approval to the proposed course of action, straight effected direct sale keeping top management including your Divisional Head totally ignorant about the sale clandestine. This is a grave misconduct as per the Rule-6 of GAIC Discipline and Conduct rules, 1988. (II) You have without approval of the Managing Director procured 654 M. Ts. of steel