THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.444 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 26.12.2018 passed by the learned Single Judge in
W.P.No.26859 of 2008.
The facts of the case reveal that the respondent
No.1/employee in question, on account of cash and ticket irregularities, was subjected to disciplinary proceedings and finally a charge sheet was issued on 25.09.1993. He was removed from service on 10.08.1993. The appeal preferred against the said order was rejected on 21.02.1994 and thereafter, he preferred a review petition and by order dated 05.11.1994, he was reinstated into service with minimum pay scale but without continuity of service and back wages. The matter travelled to the Labour Court and the Labour Court dismissed the Industrial Dispute preferred by the employee by an order dated 11.08.2008, against which the writ petition was preferred before this Court. The learned Single Judge, as continuity of service has not been granted, has remanded the matter back to the revisional authority. Meaning thereby, in respect of quantum of punishment, the 2 matter has been remanded back to the revisional authority.
As the matter has only been remanded back to the revisional authority and also keeping in view the fact that the entire service has been forfeited, this Court is of the considered opinion that no case for interference is made out in the peculiar facts and circumstances of the case.
Resultantly, the admission is declined and the writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 01.12.2021 vs