CHANDRAKANT B. MALI Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Chandrakant B. Mali
STATE OF MAHARASHTRA
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(1.) The deceased is one Vinayak Khandare who committed suicide on 1st September 2020. FIR came to be
lodged on a complaint made by his wife Shaila Vinayak
Khandare on 5th September 2020 in Saki Naka Police Station.
Crime No.1027 of 2020 was registered and Section 306 read
with Section 34 came to be invoked and applied. The
applicant is one of the accused and he is a lawyer by
profession who was entrusted with the task of conducting a
domestic inquiry into the allegations of misdemeanour and
misconduct against the deceased. The other co-accused are
CEO and managers of the M/s Poshdecor, with whom the
deceased was employed.
(2.) The Company-M/s Poshdecor is engaged in rendering services to the Mumbai International Airport Pvt.Ltd for
trolley management at Shivaji Chhatrapati Maharaj
International Airport, Mumbai at Terminal 1 and Terminal 2.
The staff was recruited and assigned the duty and was
expected as per the service conditions to be of clean
antecedents, good character, conduct and behaviour and
competent to discharge the duty. The deceased who was
working as trolley Supervisor with effect from 1st April 2016
was expected to report for duty on all working dates and
performed the chartered duties. He was served with a charge-
sheet on 27th January 2020. The charge-sheet allege that on
15th August 2019 when he was on duty in the night shift, he was to be found under the influence of Alcohol and he was
found entering the restricted Airport area from Departure
Gate No.2 along with the two invalid airport entry pass. This
act was reported and email was addressed on 16th August
2019 to the employer by MIAL to suspend and initiate action against him. Further, another grave and serious misconduct
also form part of the charge-sheet which included :
(a) habitual absence for more than 12 consequent dates as well as unauthorized absence from duties without permission of the superiors.
(b) Habitual neglect of work.
(c) Wilful insubordination or disobedience
(d) Commission of any act subversive of discipline or good behaviour.
(3.) The enquiry was proposed to be conducted by an independent Enquiry Officer and was scheduled to be held
on 4th March 2020. The charge-sheet clearly mention that
the delinquent would be afforded full and fair opportunity to
participate in the enquiry proceedings and to be represented
by defence representative who can be his colleague or an
office bearer of the Union of which he is a Member. He was
also warned that failure to participate in the enquiry, it would
be proceeded ex-parte.;
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