D.P.Kundu, J. - (1.) In this writ application, the writ petitioner has, inter alia, prayed for a writ of mandamus and/or writ in the nature thereof, commending the respondent No. 1 and/or each one of them to forthwith cancel, set aside, withdraw and rescind the impugned order dated 27.2.96, (annexure 'J' of the writ petition) passed by the 3rd Industrial Tribunal, West Bengal. The petitioner also prayed for a writ and/or a writ in the nature of certiorari.
(2.) Admittedly, Shri Mani Gopal De, respondent No. 3, was a workman of the writ petitioner, By virtue of a charge-sheet dated 21.4.84 certain charge were levelled against the workman. The relevant portions from the charge-sheet are quoted hereinbelow. "You are hereby directed to submit your application for the following charge(s) "within 48 hrs" of the receipt of this Charge Sheet and to show cause why disciplinary action should not be taken against you for the following Major/Misdemeanour. DESCRIPTION OF CHARGES. It has been reported against you as under: i) That on 10th April, 1984 you were on duty in 'A' shift from 8.00 a.m. to 5.06 p.m. in Fitting Jetty Canteen. ii) That on the aforesaid day at about 9.05. a.m. you were going out of Fitting out Jetty through the small gate. Security Guard on duty took you inside the Security Office and your bag was searched there in presence of other security Staff. iii) That during the checking, Tea (dust) about 875 grms. approx. wrapped in a white cloth was found in your bag. On being enquires into neither you could produce any valid Gate Pass nor could you give any satisfactory reply to the Security Staff on duty."
(3.) Your above acts, if proved, constitutes Major Misdemeanour and you are hereby charged under Clauses 5 and 11 of the Certified Standing Orders, applicable to you, i.e., i) Theft within the factory or fraud or a dishonesty in connection with the company's property. ii) Commission of any act subversive of good behaviour or of the discipline of the Company. ;