PANDURANG VITHAL KEVNE Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) The petitioner before us was working as an Examiner with respondent No. 1, since the year 1977. On 11th December, 1997 he was charge-sheeted for misconduct of absenteeism. The domestic inquiry held against him found him guilty of misconduct resulting into punishment of removal from service with effect from 14th July 2009. The appeal preferred by the petitioner to the appellate authority of the respondent was dismissed. Then a reference came to be made by the Central Government under section 10(1)(d) of the Industrial Disputes Act, 1947 to the Central Government Industrial Tribunal, Mumbai. The Tribunal by its Award dated 22nd December, 2006 held that the charge of misconduct against the petitioner was proved and the punishment of removal from service was a proper punishment. Hence, this petition by the Petitioner for quashing of the Award and for his reinstatement in service with full backwages.

(2.) For clear appreciation of the rival contentions, it will be convenient to set out the above mentioned Rules at this stage.

(3.) It will also be relevant to note here the statement of imputations of misconduct at Annexure II to the charge-sheet so as to understand the specific charges against the petitioner. The statement is as follows: