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Judgment
K.S. Jhaveri, J.
Though served, none appears on behalf of the respondent.
By way of this petition, the petitioner has prayed to quash and set aside the order passed by the Dy. Labour Commissioner in Approval Application No. 131/2002 dated 30.08.2002, whereby, the said application came to be rejected.
The facts in brief are that the respondent was working as a Conductor with the petitioner-Corporation. In connection with some alleged misappropriation of funds pertaining to the way-bills, the respondent came to be dismissed from service on 26.03.2002, after following due process of law. An application u/s 33(2)(b) of the I.D. Act was moved before the Dy. Labour Commissioner for seeking approval of the same. However, the said application came to be rejected by way of the impugned order. Hence, this petition.
Heard learned Counsel for the petitioner and perused the documents on record. It appears from the record that the respondent was given sufficient opportunity before the authority below to present his case. However, he had not remained present. One of the reasons given by the authority concerned while rejecting the approval application is that the default case has been initiated belatedly. However, the said finding recorded by the authority concerned appears to be misplaced inasmuch as on an earlier occasion, the respondent was dismissed from service in a case numbered as Default Case No. 381/1993 and as a result of the same, the present case being Default Case No. 1/1994 was ordered to be closed down subject to re-opening the same, if the order of dismissal is modified by any Court of Law.
Further, it appears from the record that on two different occasions, the respondent had been dismissed from service in the past. Looking to the documents on record, I find that the authority concerned has committed serious error in rejecting the Approval Application preferred by the petitioner and hence, the same deserves to be quashed and set aside.
For the foregoing reasons, the petition is allowed. The impugned order passed by the authority concerned is quashed and set aside. Rule is made absolute.