M.Katju, J. - (1.) This special appeal has been filed against the impugned judgment of a learned Single Judge dated 31.3.2004. We have heard learned Counsel for the parties.
(2.) The writ petitioner (respondent in this appeal) was appointed as Salesman in the service of U.P. Handloom Corporation Ltd. on 17.12.77. He was promoted on 1.6.1980 as Senior Salesman and further promoted as Deport Manager on 1.2.1981. He was suspended on 28.6.1999 on the allegations of manipulating documents and embezzlement causingless to the Corporation and in failing to carry out the orders of the higher authorities. He was served charge-sheet dated 17.7.1999 to which he submitted his reply on 10.1.2000. A supplementary chargesheet dated 13.12.2000 was also served upon the petitioner. In respect of the first charge-sheet. Sri Javed Nasim, Senior Manager (Accounts) held an enquiry and submitted a report dated 22.11.2000. As regard the supplementary charge-sheet the enquiry was by Sri K.C. Gupta, Manager (Accounts) who submitted an enquiry report dated 15.9.2001. Thereafter a show cause notice 26.11.2000 was given to the petitioner to which he gave a reply dated 20.11.2001.
(3.) The Managing Director by order dated 18.5.2000 found that the petitioner was given adequate opportunity to defend himself on all the charges except charge No. 3. The charges in the first charge-sheet dated 17.7.1999 were found established against him. The Managing Director dismissed the petitioner from service and directed that Rs. 3,30,659.48 be recovered from his arrears of pay and other dues.;