- (1.) BOTH the appeals have been preferred assailing the same judgment and order dated 12th July, 2007 passed by the learned single Judge whereby and whereunder the writ petition filed on behalf of the employee concerned was finally disposed of. The aforesaid appeals have been heard analogously and are disposed of by this common judgment.
(2.) THE employee concerned while working as a Senior Packer in the patna Depot of the Bengal Chemicals and Pharmaceuticals Ltd. (hereinafter referred to as the 'said company') was served with a charge-sheet on the allegations that on several occasions the said employee in connivance with the then Area Sales Manager, Patna Depot had taken out the goods from the stock maintained at the said Patna Depot under false invoice and making false entries in BIN cards and the goods had not been actually delivered to the concerned parties. According to the management of the company, aforesaid allegations mentioned in the charge-sheet against the employee concerned constituted misconduct under Rule 20 (b) and (d) of Bihar Shops and establishments Rules, 1955 framed under Bihar Shops and Establishments act, 1953.
(3.) FROM the available records we find that the employee concerned, namely, the writ petitioner herein replied to the charge-sheet pointing out various infirmities and specifically denying all the charges mentioned in the said chargesheet. The Enquiry Officer upon conducting the enquiry proceeding found the employee concerned guilty of misconduct as mentioned in the charge-sheet and submitted the enquiry report before the Disciplinary authority. The said disciplinary authority awarded punishment of removal from service to the employee concerned. The employee concerned thereafter, preferred an appeal from the aforesaid order of the Disciplinary authority before the Managing director of the company, which was also rejected.;