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2018 Supreme(Jhk) 954

D.N.PATEL, AMITAV K.GUPTA
Steel Authority of India Ltd. through its General Manager, SAIL – Appellant
Versus
Prakash Poddar, S/o Late Brahmdeo Poddar – Respondent


Advocates Appeared:
For the Appellant : M/s Rajiv Ranjan, Abhishek Kumar Chaturvedi
For the Respondent: M/s Sudarshan Shrivastava, Mukesh Bihari Lal

ORDER :

D.N. Patel, J.

1. The final hearing of this Letters Patent Appeal is taken place with the consent of the Advocates for both the sides.

2. This Letters Patent Appeal has been preferred by the original respondents, because the writ petition preferred by the respondent (original petitioner) being W.P. (S) No. 1462 of 2011 was allowed by the learned Single Judge vide judgment and order dated 11th September, 2015, whereby, the punishment inflicted upon this respondent (original petitioner) by the appellants because of theft committed by him was quashed and set aside and, hence, the original respondents have preferred present Letters Patent Appeal.

3. Factual matrix:

The incident of theft, of the articles of the appellants-company has taken place on 16th January, 2006.

Immediately, the respondent (original petitioner) was suspended from the services of the appellants on 14th March, 2006.

Departmental proceedings were initiated against the respondent and charge-sheet was issued on 14th March, 2006, which is at Annexure-1 to the memo of the writ petition.

Simultaneously, criminal proceedings were also initiated against the respondent because of theft committed by him. There was conviction











































































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