- (1.) In the accompanied writ application, the petitioner has inter-alia prayed for issuance of a writ/direction for quashing the order dated 26.06.2010 passed by General Manager (T.S.) and Disciplinary Authority (Respondent No.3) whereby, the order has been passed in pursuance to the order dated 11.03.2010 in W.P.(S) No.4042 of 2004 pertaining to the punishment order of dismissal from services and the petitioner has further prayed for direction to respondent to reinstate in the services with all consequential benefits.
(2.) The facts as per averments made in the writ petition in short is that the petitioner while continuing in services as Driver was chargesheeted by Disciplinary Authority containing three charges as per Annexure-1 to the writ application. On receipt of the aforesaid charges, the petitioner submitted his explanation to the charges levelled against him denying allegations/charges levelled against him vide Annexure-2 to the writ application. Thereafter, the inquiry officer was appointed and the said officer submitted his report to the disciplinary authority and the petitioner was found guilty for the third charge of unauthorized use of Company's property and the copy of the enquiry report dated 10.04.2001 has been annexed as Annexure-3 to the writ application. On receipt of the enquiry report, the disciplinary authority issued notice directing him to make his submission in writing, in respect of the finding of the Enquiry Committee for the purpose of enabling him to inflict suitable punishment to the petitioner vide Annexure-4 to the writ application and the petitioner submitted his defence and disclosed the circumstances as to how the truck of the Company was operated in between 07.05.1999 to 10.05.1999 and proved from the records of the company that the said truck was used by the petitioner and as such, it could not be presumed to be a use of the truck in an unauthorized manner and the copy of the said defence petition dated 10.01.2002 has also been marked as Annexure-5 to the writ application. Having received the aforesaid explanation submitted by the petitioner in his defence, the disciplinary authority dismissed the petitioner from the services of the company with immediate effect from 14.02.2002 as per Annexure-6 to the writ application.
(3.) Being aggrieved by the order of dismissal, the petitioner preferred an appeal in terms of the standing order of the company enumerated in Clause-41, but the Management-Company has refused to entertain the appeal preferred by the petitioner as per Annexure-7 to the writ application. Being aggrieved by the order of the Appellate Authority dated 19.06.2004 confirming the order passed by the Disciplinary Authority as evident from Annexure-9 to the writ application, the petitioner preferred the writ petition bearing W.P.(S) No. 4042 of 2004 challenging the order of dismissal and the said writ petition was disposed of vide order dated 11.03.2010 by setting aside the order of punishment and the matter was remitted back to the disciplinary authority to reconsider the entire issue regarding the quantum of punishment as per Annexure-10 to the writ application. Petitioner submitted a representation before the disciplinary authority along with the copy of judgment of this Court dated 11.03.2010 and has requested to reconsider the entire matter in the light of the order passed by the Hon'ble Court as per Annexure-11 to the writ application. The respondent authorities passed an order dated 26.06.2010 restoring the previous order of dismissal as per Annexure-12 to the writ application. Being aggrieved by the order dated 26.06.2010, the petitioner left with no other alternative efficacious and speedy remedy has approached this Court invoking extra-ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.;