- (1.) Challenge in the present petition is to the award dated 30.3.2010, passed by Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Gurgaon (for short, 'the Tribunal'), whereby the claim made by the petitioner challenging his termination from service after enquiry, was dismissed.
(2.) It is claimed that the petitioner was appointed as Conductor in DAV Public Senior Secondary School, Kanina, District Mahendergarh on 13.11.1995. His services were terminated on 4.9.2005 after conducting enquiry against him. The Tribunal having found that the enquiry was conducted fairly and the charge against the petitioner was duly proved, declined the relief claimed by the petitioner. The award of the Tribunal is impugned before this court.
(3.) Learned counsel for the petitioner submitted that during the course of enquiry, fair opportunity was not granted to the petitioner by the Enquiry Officer. He further submitted that the petitioner having been acquitted, in the FIR got registered against him, by the learned Magistrate, as a consequence thereof the petitioner should have been exonerated in the departmental enquiry.;