Decided on January 04,2016

In Re: S.M. Shetty And Ors. Appellant
STATE Respondents


- (1.) The Official Liquidator has filed a report dated 18th February, 2013 praying for sanction to terminate with immediate effect the services of Shri S.M. Shetty, company paid Group 'D' Peon. According to the Official Liquidator the misconduct against Shri Shetty has been proved considering the report of the enquiry officer and the explanation offered by Shri Shetty and it is grave and of serious nature warranting the punishment of removal from service. Gauri Gaekwad The Official Liquidator states that he has also considered the past record of the employee and there are no extenuating circumstances warranting any lenient view.
(2.) The issue relates to handing over of certain leased assets that were in the factory site of M/s. Otoklin Plants & Equipments Limited (in liquidation) at Kandla, Gandhidham, Gujarat. Let us consider what was the act or omission or misconduct of Shri Shetty which has made the Official Liquidator to recommend the highest punishment that he could grant pursuant to the service conditions of the Company Paid Staff settled by this court from time to time, the last one being by an order dated 26th April, 1994. It will be useful to reproduce paragraph 4 (xii), (xiii) and (xv) of the said order and it reads as under :- "(xii) No person shall be employed as a Company Paid Staff without prior sanction of this court. (xiii) Services of the Company Paid Staff shall not be terminated without prior sanction of this court. (xv) In case it is found that any member of the Company Paid Staff is guilty of dereliction of duty, it will be open for the Official Liquidator to take appropriate action including termination of services against such member subject to granting him an opportunity of hearing and sanction of this court."
(3.) Pursuant to an order dated 10th April, 2003 this court directed the Official Liquidator to hand over leased equipments belonging to M/s. Centurion Bank Limited (CBL) through the Court Receiver. In order to comply with the order dated 10th April, 2003, the Official Liquidator vide office order dated 26th June, 2003 directed Shri S.M. Shetty, company paid Peon and Shri C.L. Saraiya, the then Junior Technical Assistant (JTA) to proceed to the factory site of M/s. Otoklin Plants & Equipments Limited at Kandla, Gandhidham, Gujarat to hand over through the Court Receiver the leased assets that belonged to CBL. The factory premises it should be noted was situated at Sector IV, Kandla Special Free Trade Zone, Kandla, which means inside a customs notified area.;

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