A.K. Banerjee, J. - (1.) Respondent No. 1 was an employee of Indian Airlines Limited, the Appellant above -named. At the relevant time he was posted at Calcutta Air Port. In August, 1998 he applied for concessional ticket from the Appellant for visit to Delhi. Accordingly he was granted a ticket. He proceeded for Delhi by Indian Airlines flight on August 22. 1998. On August 28, 1998 he visited Australian High Commission at New Delhi and applied for Visa for visit to Australia. On September 2, 1998 he again visited the Australian High Commission and submitted an employer's certificate purported to be signed by Sri S. K. Basu, Senior Chief Manager of the Appellant being dated July 31, 1998 wherein it was certified that Sri Anand was granted privilege leave with effect from September 1, 1998 to October 30, 1998. On the same date the office of the Appellant received a telephone call from one Miss Sangita from Australian High Commission, Delhi verifying the employer certificate so given by Sri Basu. Sri Basu denied having been given any such certificate to Anand. On being asked by the Appellant the Australian High Commission faxed the said certificate produced by Anand. On September 7, 1998 the Delhi Office of the Appellant wrote to the Australian High Commission to submit a report on such issue to enable them to take suitable action as against the concerned employee for production of such false certificate. Accordingly the Australian High Commission by their letter dated September 12, 1998 informed the Appellant that Sri Anand applied for visa, to visit Australia. In support of his application he submitted the said certificate. On a verification they came to know that Sri S. K. Basu did not sign the said certificate. On coming to know of the said fact the Commission rejected his application for Visa. At the request of the Appellant the Visa application was sent to the Appellant along with the said purported certificate dated July 13, 1998.
(2.) The Appellant issued a charge -sheet upon Sri Anand on October 28, 1998 to the following effect: That you submitted a false Employer's certificate to Australian High Commission, New Delhi forging the signature of Sri S.K. Basu, Dy. General Manager (G.S.) and also used a fabricate rubber stamp in the name of Sri S. K. Basu for obtaining visa to visit Australia.
(3.) Initially he avoided the charge -sheet being served upon him. Ultimately he received the charge -sheet on January 23, 1999. On January 26, 1999 Sri Anand wrote a letter to the Appellant questioning the maintainability of the charge -sheet. He also contended in the said letter that no document was enclosed with the charge -sheet sent to him and the said charge disclosed a 'pre -medicated mind' to punish him. He asked for inspection of the documents mentioned in the charge -sheet. It is pertinent to mention that Anand was placed under suspension with effect from September 23, 1998. Such order of suspension was, however, withdrawn with effect from January 28, 1999. The authority by letter dated February 1, 1999 supplied him the copies of document as would appear his letter dated February 16, 1999. He denied having been submitted any certificate from Sri Basu and also contended that he neither utilized any such document for the purpose of his Visa nor used any fabricated rubber stamp in the name of Sri Basu.;