KARNATAKA SOAPS Vs. BUDAVENTI SREENIVASA MURTHY

JUDGEMENT

(1.) Aggrieved by the order dated 12.6.2012 passed by the learned Single Judge in W.P.No.6114 of 2008 allowing the writ petition in part by modifying the impugned order of penalty of dismissal into compulsory retirement of the petitioner from service with consequential benefits, the respondent-Management has come up in appeal.

(2.) Parties are referred to as per their rankings in the writ petition.

(3.) The petitioner joined the service of the Respondent Company on 4.9.1985 as a Sales Supervisor at Bombay. He was promoted as Assistant Sales Officer on 19.6.1989 and transferred to Hyderabad Branch. He was then promoted as a full fledged Branch Manager on 6.4.1999 and continued to work. While the petitioner was working as the Branch Manager at Kanpur, the respondent-Company issued show cause notice-cum-charge sheet dated 23.9.2001 that is on Sunday and called upon the petitioner to explain with regard to the charges leveled against him as per Annexure-A. Petitioner submitted his explanation thereto on 12.10.2001 denying all the charges leveled against him and satisfactorily explaining away his conduct as per Annexure-B. Petitioner was issued with additional charge sheet dated 18.1.2002 containing additional charges. Petitioner submitted his explanation to additional charge sheet by explanation dated 29.01.2002 as per Annexure-C. The respondent being not satisfied with the explanation given by the petitioner, the Disciplinary Authority instituted Domestic Inquiry against the petitioner to enquire into the charges leveled against him. Sri. Vijay Vikram Singh, Retired District judge and Additional Secretary to the Government of India was appointed as Enquiry Officer. The petitioner requested to permit him to avail the service of any other person outside the Company in the departmental enquiry. The said request of the petitioner was turned down by the Respondent, vide endorsement dated 8.3.2009 on the plea that there is no provision in the Company's Conduct and Discipline Action Rules, 1984 to take assistance of an outsider during the enquiry. Upon the demise of the enquiry officer on 26.6.2002, the Disciplinary Authority appointed Sri.S.K.S. Senger, Retired Judge as the Enquiry Officer under Notification of Enquiry dated 29.07.2002. In the Inquiry proceedings the respondents examined 3 witnesses namely Sri.Anjinappa, Director (Marketing) Sri. Arun Gupta (Chartered Accountant), Sri.Sanjay Kumar Gupta, Assistant, Kanpur Branch and got marked 37 documents. The petitioner made his defence statement and examined two witnesses by name Sri. Sanjay Singh, Junior Assistant and Sri.Veda Prakash Mishra, Attender, Kanpur Branch as his witnesses. The Inquiry Officer after perusing the statement of witnesses and records held that charges leveled against the petitioner is proved and submitted his report to Disciplinary Authority.