After some discussion at the bar, Counsel for the respective parties have suggested a formula by which the petition can be disposed of. In view of this agreed formula, Counsel for the respondent does not press in service his contention that the respondent No.1 KRIBHCO is not a State within the meaning of Article 12 of the Constitution of India and therefore, not amenable to writ jurisdiction of this Court under Article 226 of the Constitution of India and therefore, this question is not being decided in this petition.
2.Counsel for the petitioner under the instructions from the petitioner who is present in the Court submitted that the petitioner would like to approach the disciplinary authority by making a representation on the grounds that the so-called admission of the charges by the petitioner was not a free and voluntary admission, and on the ground that in any case considering the charges levelled against the petitioner, the order of dismissal would be harsh and excessive and that lesser punishment should be awarded. He has submitted that the petitioner would be satisfied if the authorities consider these aspects upon a representation to be made by the petitioner. He has further conceded that the decision that may be taken by the disciplinary authority with respect to the contention of the petitioner that the admission of the charges was not voluntary, and that a detailed departmental enquiry should therefore be held, would be final and acceptable to the petitioner and it will not be open for the petitioner to challenge the conclusion of the disciplinary authority in this regard before any authority or Court.
3.Counsel for the respondent under the instructions of Mr. Sunil Jain, Manager (P&A), who is present in the Court submits that the disciplinary authority shall consider the representation of the petitioner and dispose of the same within a period of four weeks of its receipt. At the request of the Court and after having obtained instructions, he states that to facilitate this, the disciplinary authority upon receipt of the representation from the petitioner shall withdraw the order of dismissal which was already passed on 3.1.2005 and shall pass fresh order while disposing of the representation of the petitioner.
4.In view of the above discussion, it is provided that the petitioner shall make a representation to the disciplinary authority within a period of one week from today and the same shall be disposed of by the disciplinary authority as expeditiously as possible, and preferably within four weeks of its receipt. Since it is agreed between the parties that the dismissal order is to be withdrawn, the petitioner shall continue to remain on leave till fresh order is passed.
5.With these observations and directions, the petition stands disposed of. Notice is discharged with no order as to costs.
(Akil Kureshi, J.) */Mohandas