Veerender Singh Siradhana, J. - (1.) The petitioner (through legal heirs) namely Suresh Kumar Prajapati, Uttam kumar Prajapati, Lalit Kumar Prajapati, Smt. Manju and Smt. Asha, in the instant writ application, aggrieved of the impugned order dated 27th January, 1976, terminating his service and award made by the Industrial Tribunal, Ajmer dated 14th March, 1997, has instituted the writ proceedings praying for the following relief(s): "(A) Issue a writ of certiorari and thereby quash and set aside the charge sheet Ex. 1 (Ex. W -3) dismissal order Ex. 2 (Ex. W -6) and the Award dated 14.3.97 Ex. 5 and consequently reinstate the petitioner in the services of the Respondent Board as driver with all back wages and with all consequential benefits. (B) That the relevant record of L.C.R. Case file No. 6/95 may kindly be called for from the Labour Court Ajmer in the interest of justice and fair play. (C) cost of this writ petition may kindly be allowed to the petitioner from the respondents. (D) That any other relief in the facts and circumstances of the case that this Hon'ble High Court deems just and proper, may also kindly be granted in favour of the petitioner."
(2.) Shorn off unnecessary details, the skeletal material facts necessary for appreciation of the controversy raised herein are that the petitioner was initially appointed as 'Helper' in the Rajasthan State Electricity Board on 26th February, 1964, he was confirmed on 7th January, 1970. On 7th August, 1974, an FIR No. 166/1974, was lodged, against the petitioner for the offence under Sec. 379 Indian Penal Code (IPC), for theft of electricity by his employer (respondent No. 2) and on that basis a Criminal Case No. 827/74, was registered in the Court of Munsiff and Judicial Magistrate, Beawar. Simultaneously, the petitioner was also proceeded with the domestic enquiry under Rule 21(C) of the Rajasthan State Electricity Board Standing Orders, 1962 (for short, Standing Orders of 1962). As a consequence of departmental proceedings, the Executive Engineer, imposed the penalty of dismissal from service vide impugned order dated 27th January, 1976, under the Rajasthan State Electricity Board Rules and Regulations, 1962 (hereinafter referred to, 'Regulations of 1962', for short). An appeal preferred to the Chief Engineer, Rajasthan State Electricity Board, Jaipur, was declined on 6th October, 1976. On conclusion of the trial, the Court of Munsiff and Judicial Magistrate, Beawar, vide judgment and order dated 30th August, 1978, found the petitioner guilty of the charge. However, the petitioner was released extending the benefit of Probation of Offenders Act, 1958. On an appeal, the Additional District Judge, Ajmer, vide judgment and order dated 15th April, 1981, quashed and set aside the order dated 30th August, 1978, passed by the Court of Munsiff and Judicial Magistrate, Beawar, acquitting the petitioner of the charge.
(3.) On an industrial dispute raised by the petitioner, the departmental enquiry was held to be unfair vide order dated 12th December, 1994, while permitting the respondent -Board to lead evidence to establish the charge against the petitioner. In course of time, the matter was transferred to the Labour Court, Ajmer for disposal, which has been adjudicated upon vide impugned award dated 14th March, 1997.;