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2002 Supreme(SC) 37

V.N.KHARE, ASHOK BHAN
Amar Nath Chowdhury – Appellant
Versus
Braithwaite And Company LTD. – Respondent


JUDGMENT

V.N. Khare, J.-Leave granted.

2. The appellant herein was an employee of the Braithwaite and Company Limited, Calcutta, a Government of India Undertaking (hereinafter referred to as the Company ). It appears that certain misconduct committed by the appellant came to the notice of the Company. With the result, the Company decided to initiate disciplinary proceedings against the appellant, herein. Consequently, the appellant was served with a charge-sheet to which he gave an explanation. An Inquiry Committee constituted for that purpose after making an enquiry, found that the charges levelled against the appellant proved. The Inquiry Committee accordingly submitted its report to the Disciplinary Authority. The Disciplinary Authority, who was the then Chairman-cum-Managing Director of the Company accepted the report submitted by the Inquiry Committee and he, by order dated 13.2.84, removed the appellant from service.

3. Under the regulations framed by the Company, an appeal against an order of the Disciplinary Authority lies before the Board of Directors of the Company (hereinafter referred to as the Board ). The appellant preferred an appeal against the order of his removal f











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