MAJ RETDBABU THOMAS Vs. GOA SHIPYARD LIMITED
LAWS(BOM)-2003-11-93
HIGH COURT OF BOMBAY
Decided on November 25,2003

MAJ RETDBABU THOMAS Appellant
VERSUS
GOA SHIPYARD LIMITED Respondents

JUDGEMENT

C.K.THAKKER,J. - (1.) THIS petition is filed by the Petitioner for an appropriate writ, direction and/or order quashing and setting aside an order of dismissal dated January 21, 1997 (Exh.P-7) passed by the Chairman and Managing Director of M/s. Goa Shipyard Ltd. (Respondent herein) as also an order dated 22nd September, 1997 passed by the Appellate Authority-Board (Exh.P-9). A further relief is sought in the petition by directing the Respondent to reinstate the petitioner with full back wages and all other consequential benefits.
(2.) IT is not in dispute that the petitioner was appointed as Joint Manager (Security) by an order dated 18th January, 1991 in pursuance of his application dated 26th November, 1990 on the terms and conditions mentioned in the order. The said Order was passed by the Chairman and Managing Director and has been placed on record of the petition by the petitioner (Exh.P Colly.). Disciplinary proceedings had been initiated against the petitioner for several illegalities and irregularities said to have been committed by him. It is also on record that criminal proceedings had been initiated against the petitioner wherein he was acquitted. Finally, by an order dated 21st January, 1997 in departmental proceedings, petitioner was dismissed from service with immediate effect.
(3.) BEING aggrieved by the said order, the petitioner preferred an appeal. The Appellate Authority confirmed the order passed by the Chairman and Managing Director and dismissed the appeal on September 27, 1997.;


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