MANOHAR SINGH Vs. NTPC LTD

JUDGEMENT

(1.) THE appellant claims to be aggrieved by the judgment and order of the learned single judge dated 10th April, 2012, in WP 7675/2007 under Article 226 of the Constitution of India.

(2.) THE appellant joined the National Thermal Power Corporation (NTPC) on 28th January, 1982 as Supervisor Grade- II. In 1986, he agreed to work in the Safety Department, where he received various honours and appreciations from the respondent for his performance. He was promoted as Deputy Manager (Safety) at the E-4 level in 1999, and was transferred from NTPC (Kawas) to BTPS/NTPC (Badarpur) the same year. By a memorandum, dated 23rd November, 2001, the General Manager Shri P.P. Singh, acting as the Disciplinary Authority, informed the appellant that an inquiry has been initiated against him for misconduct under Rule 25 of the NTPC Conduct Discipline & Appeal Rules, and that a charge sheet has been framed on the allegation that he had furnished false documents for claiming HRA from the respondent. By letter, dated 5th January, 2002, the appellant informed the Disciplinary Authority that as per the Modified Schedule of Delegation of Powers for Disciplinary Matters, the officer was not empowered to issue a charge sheet under Rule 25 (Major Penalty) of the NTPC Conduct Discipline & Appeal Rules and therefore, he was not bound to file any reply to the charge sheet. In his response of 12-01-2002, the Disciplinary Authority rejected this plea and granted him 3 days to file the reply. On 4-02-2002, the respondent also appointed an enquiry officer. The appellant took part in the inquiry proceedings under protest. He also requested the respondent to expedite the proceedings in view of his approaching retirement.

(3.) AS far as the other aspect, with regard to the appellant's claim for unjustified denial of promotion, on the ground of improper assessment of his merit was concerned, the impugned judgment had this to say: