PER ALOKE CHAKRABARTI, J. - (1.) THIS is a writ petition filed by Indian Express News Paper (Bombay) Pvt. Ltd. being a company engaged in the business of publication. The case made out in the writ petition is that the respondent No.4 was appointed at Bombay as a reporter by the petitioner company. As the service of the respondent no.4 was transferable, the respondent no.4 worked at Calcutta since November 1977 till July 1988 receiving his pay and allowance from Bombay Office. By an order dated August 1,1988 issued by the Bombay Office of the petitioner company, the respondent no.4 was transferred to Bombay Office with effect from 5th August, 1988 and the respondent no. 4 was asked to join within seven days and in any event on or before 12th August, 1988.
(2.) IT was subsequently learnt by the petitioner company that on 4th August, 1988 the respondent no. 4 was arrested by the police on charge of street gambling and was found guilty by the concerned Metropolitan Magistrate at Calcutta. After the respondent no.4 pleaded guilty he was sentenced to pay a fine of Rs.150/ - and in default simple imprisonment of 30 days. The respondent No.4 by a letter dated August 12, 1988 requested the authority of the petitioner company to reconsider the order of transfer and the petitioner company by its reply given on 16th August, 1988 informed that the company was unable to reconsider the transfer order,
(3.) THE petitioner company by a letter dated 6th November, 1989 intimated that the petitioner proposed to hold an enquiry at Bombay for failure on the part of the respondent No.4 to report for duty at the Bombay office pursuant to the order of transfer dated August 1,1988, as also the conviction owing to the aforesaid acts of gambling. An objection was raised against such holding of, enquiry at Bombay with a request to hold enquiry at Calcutta.;