- (1.)Special leave granted.
(2.)In the instant case, as per the judgment of the High Court, the respondent who was a workman with the appellant absented himself from duty with effect from 27th March, 1991. On 30th March, 1991, FIR No. 28 was registered against him under Section 302, IPC. The respondent was arrested on 12th April, 1991. After his detention, a letter dated 25th April, 1991 was sent under registered AD post by the appellant to the respondent informing him that he was absent from duty without leave or intimation since 27th March, 1991. It was stated there that this amounted to misconduct and he should show cause why disciplinary action should not be taken against him. Not having received any reply, another letter dated 18th May, 1991 was sent informing him that it had been decided to conduct a domestic inquiry and the name of the Enquiry Officer who was appointed was communicated in this letter.
(3.)During the course of inquiry, letters dated 24th May, 1991 and 25th June, 1991 were sent to the respondent at his residential address. The respondent did not participate in the inquiry proceedings though the letters/notices were received by his wife who wrote a letter dated 12th June, 1991 to the Inquiry Officer to the effect that the respondent was in custody and no correspondence had been received by them and that the respondent could not participate in the proceedings.