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Judgment
There is a delay of 130 days in filing the appeal. Though
the Court is not satisfied as such with the reason assigned in I.A.
No.6186 of 2015, however, in the interest of justice the delay is
condoned. I.A. is allowed. Thereafter, The matter is taken up on
the merits.
The order under challenge is dated 30th of January, 2015
passed in CWJC No.19282 of 2010. The learned Single Judge has
allowed the writ application of the sole private respondent, who
was the petitioner before the writ court, and quashed the order of
punishment of dismissal passed against him by the appellant
authorities.
Four charges were drawn up against the private respondent.
A show cause was issued upon him. Based on the show cause and
without even considering the show cause as such, order of dismissal
was passed. The finding is that no enquiry was held worth the
name, if any, and the harshest punishment of dismissal was passed
on charges of absence of a few days here and there.
Considering the procedure, which was adopted by the
appellants to get rid of the services of the private respondent, the
learned Single Judge set aside the order passed by the erstwhile
Chairman of BIADA and directed payment of 75% of back wages
and all other retiral benefits to which the private respondent may be
entitled to.
Taking the facts as well as the law into consideration, the
only option available before the learned Single Judge was to set
aside the order of dismissal passed against the private respondent to
be totally irrational, arbitrary and which has been passed without
following any procedure known in the canons of rule of law.
It was a fit case in fact where exemplary cost should have
been awarded upon the appellants which this Court was inclined to
do even in appeal. However, on an earnest request and submission
made by counsel for the appellants the Court only cautioned and
warned the authorities that nobody can be law by himself because
law must prevail over and above every authority exercising power.
The appeal has no merit. It is dismissed.