D. VASUDEVA RAO Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged order dtd. 21/11/2007 (Annexure-F) passed by the disciplinary authority and order dtd. 8/12/2015 (Annexure-H) passed by Appellate authority, dismissing the petitioner from service under Rule 6(ii)(h) of the HAL Conduct Discipline and Appeal Rules, 1984.

(2.) It is the case of the petitioner that, petitioner is a graduate in Electrical Engineering and appointed as Assistant Engineer in the respondent-Establishment on 10/11/1976. The respondent had given an opportunity to its employees to acquire master degree to improve their career and to do better service in the respondent-Establishment. Accordingly, the petitioner approached the respondent-Establishment to pursue Post Graduation course "M.Tech" in Computer Application in industrial Drives at M.S. Ramaiah Institute of Technology, Bengaluru. The plea made by the petitioner to the same was accepted by the respondent-Establishment subject to terms and conditions as per letter dtd. 2/12/2004 (Annexure-A). It is the case of the petitioner that, on account of lapse on the part of the Principal of the M.S. Ramaiah Institute of Technology, the petitioner was unable to complete the course and accordingly, the petitioner made an application for rejoining to the respondent-Establishment. It is further stated in the writ petition that the respondent-Establishment, without accepting the plea made by the petitioner, issued charge sheet dtd. 25/4/2006 (Annexure-B) and accordingly, the petitioner has been placed under suspension, pending enquiry. Proceedings of the Departmental enquiry was initiated against the petitioner and enquiry report was filed before the Disciplinary Authority, wherein, the finding was recorded that the charges leveled against the petitioner was proved. Enquiry report is produced at Annexure-D to the writ petition. Pursuant to the same, the petitioner made reply dtd. 8/9/2007 (Annexure-E), denying the finding recorded by the Enquiry Officer. The Disciplinary Authority, considering the findings recorded by the Enquiry Officer, passed order dtd. 21/11/2007 (Annexure-F), dismissing the petitioner from service. Feeling aggrieved by the same, the petitioner filed appeal to the Appellate Authority and the Appellate Authority, by its order dtd. 8/12/2015, confirmed order passed by the Disciplinary Authority (Annexure- H). Feeling aggrieved by the same, the present writ petition is filed.

(3.) I have heard Sri M. Raghavendrachar, learned counsel appearing for the petitioner and Sri N.S.Narasimha Swamy, learned counsel appearing for the respondent No.2.