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2005 DIGILAW 625 (MAD)

Tamil Nadu Civil Supplies Corporation Ltd. & Others v. R. Thiyagarajan

2005-04-11

FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU

body2005
Judgment :- The Chief Justice: Heard the learned counsel for the parties. This writ appeal has been filed against the impugned order dated 16.04.2004. 2. We have carefully perused the impugned order and find no infirmity in the same. 3. The respondent-writ petitioner was working as Assistant Engineer in the service of Modern Rice Mill, Pollachi in 1987, when Charge Sheet dated 03.07.1987 was issued to him to which he submitted his explanation. Thereafter, it appears that the Enquiry Officer only summoned the respondent-writ petitioner to be present in the enquiry, and sought his explanation, but did not examine any witnesses to prove the charges. Thus, from the material on record it appears that after the charge sheet was issued to the employee, no evidence either oral or documentary was adduced by the employer in the enquiry. 4. In these circumstances, we are of the opinion that the learned single Judge rightly held that the enquiry proceedings were vitiated. There should have been evidence presented at the enquiry, which was not done. Thus, there is no force in this appeal. The appeal is, therefore, dismissed. Connected W.A.M.P.Nos.670 of 2005 and 7281 of 2004 are closed.