ROSHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) . The present petition arises out of the order of punishment imposed upon the petitioner by the respondents pursuant to departmental proceedings instituted against him.

(2.) . The Managing Director of the respondent Corporation issued a Charge Memo to the petitioner on 18/5/1996 listing the articles of charge therein. Alongwith the aforesaid charge memo statement of articles of charge, statement of imputation of misconduct and misbehaviour, list of documents and list of witnesses were enclosed. The petitioner submitted his defence as against the aforesaid memo, on consideration of which the Disciplinary Authority found the same to be not satisfactory and accordingly ordered for an enquiry against the petitioner and appointed the Enquiry Officer to enquire into the charges framed against the petitioner. The Enquiry Officer conducted the enquiry and submitted his Enquiry Report finding the petitioner guilty of the charge framed against him. A copy of the aforesaid enquiry report was made available to the petitioner by memorandum dated 4/10/1996 asking the petitioner to submit representation, if any. Pursuant to the said communication the petitioner submitted his representation on 10/10/1996. The Disciplinary Authority thereafter considered the entire records including the enquiry report and the representation submitted by the petitioner on 10/10/1996. On consideration of the same the Disciplinary Authority agreed with the findings contained in the Enquiry Report and by order dated 8/11/1996 imposed upon the petitioner the penalty of demotion to the post of Assistant Manager at the lowest grade applicable to the said post with immediate effect and recovery of Rs.50,000.00 as token compensation for the loss caused to the Corporation by the petitioner.

(3.) . Being aggrieved by the said order passed by the Disciplinary Authority the petitioner filed an appeal which was considered by the Appellate Authority and the same was rejected. Accordingly, the present, petition is Filed in this court seeking for quashing and setting aside the order of punishment imposed upon the petitioner.