M.Y.EQBAL, J. - (1.) THIS appeal by the appellant Steel Authority of India Limited, is directed against the judgment dated 18.3.2009 passed in W.P. (S) No. 4217 of 2008 whereby the learned Single Judge allowed the writ petition filed by the respondent -writ petitioner and set aside the order of termination of services of the respondent.
(2.) THE facts of the case lie in a narrow compass: The respondent was in the employment of the appellant on the post of Khalasi since 1983. While the respondent was working as Hospital Attendant, his service was terminated on the allegation that on 25.7.2008, he led a group of 50 -60 persons armed with weapons and formed unlawful assembly in Sector 1/C and started breaking the window pens of the quarter and also put on fire a Maruti Car which was completely burnt. First information Report of the alleged incident was lodged and a criminal case was instituted. The service of the petitioner was thereafter terminated in purported exercise of power under Clause 39 of the Certified Standing Order without giving show cause notice and seeking explanation and without holding departmental enquiry. The learned Single Judge after hearing the parties set aside the order of termination on the ground that the respondent was straightway dismissed without affording any opportunity of hearing which is violative of principles of natural justice. The learned Single Judge, therefore, while quashing the order of termination gave liberty to the appellant to take appropriate action after observing the procedures and adhering to the principles of natural justice.
(3.) MR . Indrajeet Sinha, learned Counsel appearing for the appellant, assailed the impugned order as being contrary to law and the Certified Standing Orders of the appellant -Company. Learned Counsel submitted that Clause 39 of the Certified Standing Orders has statutory force which empower the management to dismiss or remove the employee without holding an enquiry in the event it is found that holding of enquiry is being inexpedient or against the interest of security to continue the employee in service. Learned Counsel submitted that the learned Single Judge has failed to take notice of Clause 39 of the Certified Standing Orders and erred in law in holding that in no case the service of an employee can be terminated without holding a departmental enquiry.;