Court No. - 28
Case :- WRIT - A No. - 39255 of 1997 Petitioner :- Badri Lal Agrawal Respondent :- M.D.,Madhya Pradesh State Textile Corpn. Ltd. And Others Counsel for Petitioner :- Ved Byas Mishra Counsel for Respondent :- S.C.,Yasharth
Hon'ble Siddharth,J.
The petitioner has filed the above noted writ petition challenging the order dated 28.10.1997 passed by the respondent No.1, Managing Director, Madhya Pradesh State Textile, T.T. Nagar, Bhopal, whereby the petitioner was held liable for loss of Rs.27,500/- while working at Kanpur, Uttar Pradesh and after including interest recovery of amount of Rs.1,25,947/- was directed to be made against the petitioner.
Shri Yasharth, learned Counsel filed Vakalatnama on behalf of all the respondents in this writ petition, but when the case was taken up on 29.3.2018, he was not present in the Court even in the revised list.
On the request of learned counsel for the petitioner, this case was taken up in the additional case list today and the learned counsel for the petitioner has served a notice of this case being taken up today on Shri Yasharth, learned counsel for the respondents. He has made an endorsement that he is no more counsel of the respondents and the respondent-corporation has been closed.
A perusal of the impugned order shows that it is an order of major punishment and has been passed without opportunity of hearing and any inquiry whatsoever.
Averment of this fact has been made in the writ petition, which have not been controverted by filing of any counter affidavit on behalf the respondents.
It has been informed that the petitioner has retired from service in the year 2008 and, therefore, it would be futile exercise to remit the matter for decision afresh in accordance with law.
In view of the above, the impugned order dated 28.10.1997 passed by the respondent No.1, Managing Director, Madhya Pradesh State Textile, T.T. Nagar, Bhopal is, hereby, quashed. The petitioner is entitled to all consequential benefits in accordance with law. This order is being passed exercising powers under Article 226 (2) of the Constitution of India.
The writ petition is allowed. There shall be no order as to costs.
Order Date :- 30.3.2018 Ruchi Agrahari