- (1.) HEARD the parties.
(2.) PETITIONER has prayed for quashing the order dated 23.5.2004 (Annexure -10/1) passed by the Chairman -cum -Managing Director, H.E.C. Ltd., (respondent No. 2) pursuant to the orders of this Court, affirming the order of his removal from service; and also for quashing, the order dated 21.5.1997 (Annexure -6) passed by the Senior Deputy General Manager (respondent No. 5) removing him from service on the ground of his habitual absence from duties without leave and for tampering with the Attendance Register; and also for quashing the Enquiry Report dated 4.3.1997 (Annexure -5); and for consequential reliefs. The main grievance of the petitioner is that the respondent No. 2 has not passed the impugned order dated 23.5.2002 in the light of the order of this Court dated 14.3.2002 passed in W.P. (S) No. 5007/01 (Annexure -8).
(3.) IT appears that petitioner challenged the aforesaid enquiry report dated 4.3.1997 (Annexure -5) and the order dated 21.5.1997 removing him from service (Annexure - 6) before this Court, vide WP (S) No. 5007/01, which was disposed of on 14.3.2002 (Annexure -3). The relevant portion of the said order reads as follows : "... In view of the nature of the allegations levelled against the petitioner, the punishment of removal from service does not appear to be commensurate. In that view of the matter, the matter is remanded to the respondent No. 2 who shall once again take into consideration the entire aspect, including the illness of the petitioner and his wife 'smental state which perhaps was the reason forcing him to play truant. The respondent No. 2 is directed to pass a reasoned order in accordance with law within 15 days from the date he receives a copy of this order. With the aforesaid observations, this writ petition is disposed off." ;