Arijit Pasayat, J. - (1.) Appellant calls in question legality of the judgment rendered by a Division Bench of the Jharkhand High Court dismissing Letters Patent Appeal filed by the appellant.
(2.) Background facts as projected by appellant in a nutshell are as follows : The respondent who was working as Assistant Store Keeper, was in unauthorised occupation of quarter belonging to the appellant-company. A suit for vacation was filed by the appellant which was decreed in his favour. When the Town Warden (Sri A.K. Banerjee) went to execute the decree along with Nazir of Civil Court he was assaulted by fists and bricks. Shri A.K. Banerjee, suffered serious injuries. In the domestic inquiry the respondent was found guilty of misconduct and was dismissed from service. With reference to alleged incident on 17.10.1984, First Information Report was lodged alleging commission of offences punishable under Sections 311 and 307 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). Allegation was that the respondent as well as others on his instigation assaulted Shri A.K. Banerjee and he was also threatened with dire consequences. On 23.10.1984 charge sheet-cum-notice of inquiry was issued and served on the respondent under the Works Standing Orders of the appellant, particularly under Standing Order 24, sub-clauses (xvi) and (xxxii) asking him to show cause to furnish his explanation and appear at the inquiry. Said sub-clauses of Clause 24 read as under : "Without prejudice in the general meaning of the term 'misconduct' .... (xvi) Drunkernns (Drunkenness) fighting or riotous or disorderly or indecent behaviour or any acts subversive of discipline or efficiency' (xxxii) threatening or intimidating any employees."
(3.) The respondent submitted his explanation on 27.10.1984. After considering the explanation to be unsatisfactory, domestic inquiry was held and at the conclusion of the domestic inquiry, Inquiry Officer submitted a report holding the respondent to be guilty of misconduct. After perusal of the report and inquiry proceedings, the General Manager of the appellant-company ordered dismissal of the respondent from service of the company w.e.f. 25.10.1984 i.e. the date of issue of charge-sheet in terms of the Standing Orders.;