1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4462 / 2010 (Maharashtra State Road Transport Corporation and another vs. Shri padmakar Yende ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 30, 2010. Heard Mr S.C.Mehadia, learned Advocate for petitioners. Respondents though served has chosen not to appear. Perusal of charge-sheet itself shows that theft is alleged to have taken place only during night time from 16.11.2005 to 18.11.2005 i.e. on three nights. Thus, from the charge sheet, it is clear that there is no theft during other shifts and on other days. The evidence has been appreciated by the Industrial Court to gather that neither enquiry report nor statements of record pin point the exact time and theft. It has, therefore, refused to accept finding of enquiry Officer holding the present respondent guilty. After hearing Mr Mehadia Advocate, I an satisfied that there is nothing on record to connect the respondent with theft. Merely because joint action was taken against three security guards and two of them did not challenge it, that does not render challenge by present respondent meaningless. No case is made out warranting interference 2 in writ jurisdiction. The petition is, therefore, rejected, with no order as to costs. JUDGE sahare.