Bhagabati Prasad Banerjee, J. - (1.) This is an appeal against the judgment dated August 1, 1986 passed by the Learned Trial Judge. The facts of the case briefly are as follows :-
(2.) The appellant was employed by the respondent Company as 'Chowkidar' in the Security Department in April, 1960. On or about June 4/5, 1967 a theft took place which was reported to the police. In the First Information Report to the police filed by the company, the appellant/workman was not named. On July 29, 1967 a charge-sheet was issued against the appellant by the Company alleging that while the appellant was on duty at the main gate on that date, the appellant had allowed one Sri Peter Rana, an outsider, who committed theft in the plant and who was subsequently arrested by the police.
(3.) The said act on the part of the appellant was alleged to constitute gross mis-conduct in accordance with the Standing Orders of the Company. The relevant Standing Order which was alleged to have been violated was clause 29 of the Standing Order No. 36-B which provides that "irresponsible action resulting in loss of property of the Company". The appellant submitted his reply denying the charges. But, the enquiry was held ex parte for the reason that the appellant did not participate in the enquiry on the ground that a criminal case was pending in the Court or in other words, took the stand that when the matter is pending before the Court, no departmental enquiry could be held. However, the Enquiry Officer concluded the enquiry ex parte holding that the complicity of aiding and abetting and negligence on the part of the appellant was not at all established and proved clearly and as such the benefit of doubt was given to the appellant.;