Asok Kumar Ganguly, J. - (1.) This appeal is directed against a judgement and order dated 15.06.1998 passed by a learned Judge of the Writ Court. By the said judgement and order, the learned Judge of the Writ Court was, inter alia, pleased to quash the order of dismissal dated 13.11.1988 passed against the respondents/writ petitioners and allowed the writ petition.
(2.) Facts relating to filing of the writ petition are noted as follows: While the respondents/writ petitioners were working as employees of Webel Video Devices Limited, a company registered under the Companies Act (hereinafter referred to as the 'said company'), they were served with a chargesheet dated 09.04.1986 in which it was alleged that the writ petitioners were guilty of riotous and disorderly behaviour during the working hours at the establishment and such acts on the part of the writ petitioners are subversive of discipline. The relevant portion of the said chargesheet against the writ petitioner No. 1 is as follows : "It has been reported against you as under: At around 2 p.m. on 24.3.1986, when Mr. S. N. Das, Jr. Engineer of the company, was being assaulted by Sri Anup Mazumdar, Staff No. (223), near the Diesel Generator Room, adjacent to the A/C Plant Room, you, along with Sri Sandip Ganguly (267), joined Sri Mazumdar and both of you started beating Mr. Das with lathirod etc. Subsequently, Sri Pradip Das, Staff No. (258), also joined you in assaulting Mr. Das. You might have continued assaulting Mr. Das if some other officers did not intervene and rescue him. As a result of your assault, Mr. Das sustained injuries for which he had to be rushed to the hospital, after a check-up by the company's Medical Officer. From the comments hurled and remarks passed by a few of your co-workmen it appeared that the attack by you along with others on Mr. S. N. Das was preplanned and deliberate. The above acts on your part would, if proved, amount to 'riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline', which are gross misconducts under clause 27(VIII) of the Model Standing Orders prescribed by the Government of West Bengal and applicable to this factory and merit strict disciplinary action. You are, therefore, hereby required to explain in writing for the circumstances alleged against you as above which should reach the undersigned within 72 hours from your receipt of this chargesheet. In the event of non-receipt of your written explanation, as directed above, it will be assumed that you have no explanation to offer and the matter against you will be proceeded with accordingly without further reference to you."
(3.) The relevant portion of the said chargesheet against the writ petitioner No. 2 is as follows: "It has been reported against you as under: At around 2 p.m. on 24.3.86 when Mr. S. N. Das, Jr. Engineer of the company, was being assaulted by Sri Anup Mazumdar, Staff No. (223) near the Diesel Generator Room, adjacent to the A/C Plant Room, you, along with Sri Prasanta Das (265), joined Sri Mazumdar and both of you started beating Mr. Das with lathi rod. Subsequently, Sri. Pradip Das, Staff No. (258), also joined you in assaulting Mr. Das. You might have continued assaulting Mr. Das if some other officers did not intervene and rescue him. As a result of your assault, Mr. Das sustained injuries for which he had to be rushed to the hospital, after a check-up by the company's Medical Officer. From the comments hurled and remarks passed by a few of your co-workmen it appeared that the attack by you along with others on Mr. S. N. Das was preplanned and deliberate. The above acts on your part would, if proved, amount to 'riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline', which are gross misconducts under Clause 27(VIII) of the Model Standing Orders prescribed by the Government of West Bengal and applicable to this factory and merit strict disciplinary action. You are, therefore, hereby required to explain in writing for the circumstances alleged against you as above which should reach the undersigned within 72 hours from your receipt of this chargesheet. In the event of non-receipt of your written explanation, as directed above, it will be assumed that you have no explanation to offer and the matter against you will be proceeded with accordingly without further reference to you.";