- (1.) Special leave is granted.
(2.) Respondent was an Assistant in the Bangalore Regional Directorate of the Employees' State Insurance Corporation of which appellant 2 is the Director. There is no dispute that the Regional Director is the disciplinary Authority of the respondent.
(3.) As an inbuilt mechanism of the establishment of Employees' State insurance Corporation, for facility of recreation of employees, Sports boards and councils have been set up and some of these are even societies registered under the Societies Registration Act. Into one of such Boards the respondent had been nominated by the Directorate. For the purposes of sports a sum of Rs. 5,100. 00 had been advanced by the Corporation to the respondent for being spent for the earmarked purpose. This was an event some time in 1984. Since for about a year thereafter the amount was not properly accounted for, a disciplinary proceeding was initiated and the Regional Director found him guilty and ultimately gave him the punishment of dismissal which was assailed before the Central Administrative tribunal, Bangalore bench. After hearing parties the tribunal came to hold that working in the hierarchy of the Employees' state Insurance Corporation was independent of the office held by the respondent in the Society as a member of the Sports Board and dereliction and delinquency in respect of activities of the Board was not available to be taken notice of by the Disciplinary Authority of the respondent in his basic employment under the Corporation. According to the tribunal both were independent of each other and, therefore, jurisdictional appellant 2 had no authority to exercise disciplinary control over the respondent. The tribunal also found that the enquiry had not been in accordance with the rules of natural justice and, therefore, the punishment has been vacated.;