The Corporation is a Company incorporated under the Companies Act.
2004 2 SCR 594 The Judgment of the Court was delivered by BRIJESH KUMAR, J. Leave granted.
The companyduct of the appellant, it has been observed, was infirm in following the departmental rules and procedure and he has been careless in his dealings.
The State Government allowed the revision and found that charges of serious financial irregularities were proved against the appellant.
It was also found by the appellate authority that numbercharges were proved against the appellant number the Corporation has suffered any financial loss.
The order passed by the Chairman allowing the appeal was set aside and the order of punishment was restored.
It is the case of the Corporation that the appellant had companymitted serious financial irregularities which came to the light of the Corporation and in respect thereof the Managing Director of the Corporation instituted a departmental enquiry some time in October, 1997.
The charges were found proved and ultimately the Managing Director passed the order dated 29.7.2000 dismissing the services of the appellant with immediate effect.
The appellant has been working as a Service Engineer in the said Corporation at Hapur.
It appears that against the order passed by the Chairman reinstating the appellant, revisional power of the State Government as provided under Rule 13 of the U.P. Rules of 1999, was invoked by the Corporation.
An appeal was preferred to the Chairman of the Corporation against the order of punishment.
The appellate authority by order dated 14.9.2000 partly allowed the appeal and ordered for reinstatement of the appellant with an observation that if the Managing Director desires he may inflict minor punishment of censure against the appellant.
It is a Government companypany.
This appeal is directed against the judgment and order passed by a Division Bench of the Allahabad High Court dismissing the writ petition preferred by the appellant challenging the order passed by the State of Uttar Pradesh purportedly in exercise of its revisional power under Rule 13 of U.P. Government Servants Discipline Appeal Rules, 1999 hereinafter referred to as the U.P. Rules of 1999 setting aside the order passed by the Chairman of the U.P. State Agro Industrial Corporation for short the Corporation and restoring the order passed by the Managing Director imposing penalty of dismissal against the appellant.
