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2003 Supreme(Mad) 742

V.S.SIRPURKAR
A. Viswanathan & Others – Appellant
Versus
Bharath Petroleum Ltd. – Respondent


Advocates Appeared:For the petitioners:Mr.Kalyanasundaram, Senior Counsel. For the Respondent:Mr.V.Karthik, Advocate.

Judgment :-

This writ petition is against order of dismissal awarded against these three petitioners who were erstwhile employees of the first respondent Bharath Petroleum Limited. Two out of the three petitioners viz., 1&3 were watchmen while the 2nd petitioner was oiler. Being watchmen at the yard, the duty of the 1st and 3rd petitioners was to see that no theft of any material takes place in the yard. On 21.10.1989 an employee of the company by name Sathiyaseelan got a communication informing that there would be a theft of Benzene with the connivance of the employees who were working as watchmen and with the others who were working there in other capacity. Subsequently it so happened and there was a theft of Benzene worth Rupees One Lakh and Thirty Thousand which was established from the readings of the depth meter. A police Complaint came to be made, on the basis of which one person called Gaja was arrested. His confession statement was recorded and the stolen Benzene was recovered though not fully. Prosecution was conducted on the basis of this report against as many as 8 persons out of which the present three petitioners were acquitted. The acquittal was on the basis that the









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