LAWS(KAR)-2003-2-54

B BALACHANDRA RAI Vs. INDIAN TELEPHONE INDUSTRIES LIMITED

Decided On February 03, 2003
B.BALACHANDRA RAI Appellant
V/S
INDIAN TELEPHONE INDUSTRIES LIMITED Respondents

JUDGEMENT

(1.) THE petitioner, who is the Personnel Officer of Indian Telephone industries (hereinafter referred to as the Company ), has filed this writ Petition seeking to quash the impugned Memorandum at annexure-P dated 19-3-1996 issued by the 2nd respondent Chairman and Managing Director of the company imposing penalty by reducing him to lower post of Grade-II with condition that he should be restored to Grade III after two years and treating the period of suspension as not spent on duty. A direction is also sought by him to grant him all the consequential benefits and to restore the order of Memorandum produced at Annexure-Q by which he was exonerated from the charges leveled against him.

(2.) THE facts of the case in brief are stated as under :-

(3.) IN this case, admittedly, the Disciplinary Authority twice disagreed with the enquiry report of the enquiry officer and held that the petitioner is not guilty of the charges leveled against him. When the Disciplinary Authority himself came to the said conclusion, there was no occasion for filing revision petition against the said order from the management side. On this ground alone the impugned order is liable to be set aside.