An employee's dismissal must adhere to principles of natural justice and procedural fairness, with any breach rendering the dismissal legally unsustainable.

ORDER :

D. Bharatha Chakravarthy, J.

This Writ Petition is filed with a prayer to call for the records pertaining to the impugned award dated 28.09.2017, made in ID(L).No.43 of 2014, on the file of the Industrial Tribunal-cum-Labour Court, Puducherry, to set aside the same and, consequently, to direct the respondent to reinstate the petitioner in his services with full back-wages, continuity of services, and all other attendant benefits.

2. The brief facts leading to the filing of this Writ Petition are that the petitioner was appointed in the respondent’s management on a contract basis with effect from 14.10.2010. After completion of probation, he was confirmed as a permanent workman with the designation ‘Anesthesia Technician’ with effect from 17.09.2012. On 05.01.2014, one Guna submitted a complaint to the management that her mother, namely, Pichaiyammal, aged 69 years, who was suffering from depression, had been admitted to the respondent hospital. On 03.02.2014, when she was taken to the Operation Theater for administering E.C.T., the workman present there enquired of them as to when she had been given E.C.T. treatment on the previous occasion and how much they had spent on the medicines. Thereafter, he informed that he had taken the medicine from the Theater itself and administered it to the patient, and therefore demanded a sum of Rs.300/- towards the same. On the same day evening, he came to the ward and collected the said sum of Rs.300/- from the complainant. The complainant became suspicious and, after enquiring with the physician, she made the complaint.

3. It is alleged that during a preliminary enquiry, the petitioner/workman admitted the same and made an endorsement on the reverse of the said complaint. The endorsement states that the workman, Kannan, admits that he received a sum of Rs.300/- from the complainant, the daughter of the patient. It further states that the amount was for E.C.T. medicines. He himself took the medicines from the Operation Theater stock, used the same, and admits the mistake. The complainant was also present at the enquiry, identified the workman, and reiterated the said fact. An endorsement was also obtained from her on the reverse of the complaint on 05.12.2014. The preliminary enquiry report also contains the signatures of the Head of the Anesthesia Department and three other officials.

4. Thereafter, on 15.02.2014, a charge memorandum was issued to the petitioner containing the following charge:-

“That you have illegally collected Rs.300/- from Ms. A. Guna, D/o.Patient Pitchaiyammal, P.I.M.S No.941906 for undergoing ECT procedure in the O.T on 03/02/2014 alleging that the amount was towards the cost of the medicines used for the procedure.

That the patient has given a complaint, dated 05/01/2014 and that during the preliminary investigation held on 05/02/2014 at 3.00 P.M you had accepted the fact that you had illegally received Rs.300/- from the complainant and you are also identified by Ms. A. Guna in the presence of the Addl. Medical Superintendent, Nursing Superintendent, Personal Manager & HOD-Department of Anaesthesia.

That the act committed by you amounts to serious misconduct involving fraud and dishonesty in connection with treatment of patient (Clause 17.2) of the Service Rules and you have not only cheated the patient but also adversely affected the reputation of the Institution.”

5. The petitioner submitted an explanation on 17.02.2014 stating that he obtained the money on account of his family circumstances and that he will not repeat the mistake. The relevant p