Decided on October 07,2020

Chandrakant B. Mali Appellant


- (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 Tilak 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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