1. The findings recorded by the Industrial Tribunal, Ahmedabad in Com. (IT) No. 76 of 1997 in Reference (IT) No. 196/1987 decided on 7/8/2002 could not be controverted in any manner by learned counsel for the petitioner. However, learned counsel contended that, though the inquiry proceedings and veracity thereof is not under challenge and therefore not sending of approval itself may not be viewed so serious lapse as to persuade this Court to straightway order the reinstatement.
2. This Court is unable to agree and accept the submission of learned counsel for the petitioner in light of the observations made by the Apex Court in case of Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd Vs. Ram Gopal Sharma And Others, reported in (2002) 2 SCC pg. 244. The law is already settled and there is now no scope of re-appreciating the findings of the Court below. The petition being bereft of merits deserves dismissal and is accordingly dismissed. Rule discharged. Interim relief granted earlier shall stand vacated. However there shall be no order as to costs.
[ S.R. BRAHMBHATT, J ] /vgn