S.N. BHATNAGAR Vs. THE SECRETARY AND ANR.

JUDGEMENT

(1.) ORIGINALLY when this writ petition was filed two reliefs were claimed, first for reimbursement of medical expenses and second for grant of monetary benefits/idle wages, however, the writ petition was allowed to be amended for seeking further relief in terms of the order of this Court dated 6.11.2000 in CM No. 10191/2000. The result of the amendment was that petitioner was allowed to challenge the order dated 16.8.2000 passed by the disciplinary authority imposing the punishment on the petitioner of removal from services. The facts of the case are that petitioner was employee of Hindustan Insecticides Ltd., represented in this Court through its Chairman and Managing Director/respondent No. 2. The unit of the employer at Delhi was closed due to orders passed by the Supreme Court with respect to polluting industries. The management of the company had issued transfer orders to various employees in the Delhi unit including the petitioner on 29.11.1996, however, petitioner was allowed to stay at Delhi and ultimately petitioner was issued a transfer order dated 17.12.1999 posting him to Bhatinda. Petitioner admittedly did not comply with the transfer order, and did not join his place of posting at Bhatinda. A charge -sheet dated 17.1.2000 was accordingly issued against the petitioner and which reads as under: -

(2.) AN enquiry officer was appointed to go into the charges, and thereafter conduct the enquiry proceedings. Petitioner was served the notice of the enquiry proceedings. Petitioner appeared on some dates and did not appear on others, and ultimately, petitioner was proceeded ex parte while concluding the enquiry proceedings. Enquiry officer thereafter gave his report dated 28.7.2000 holding the petitioner guilty of the charges as stated in the charge -sheet. Following are the findings of the enquiry officer: -

(3.) SO far as the first relief of grant of medical expenses reimbursement is concerned I may note that on 19.9.2000 a learned Single Judge of this Court noted the fact that a sum of Rs. 52,000/ - stands paid to the petitioner towards medical expenses, and so far as balance claimed by the petitioner is concerned, it is being looked into and certain documents have been asked for from the petitioner. Therefore, a part of the medical expenses has already been reimbursed to the petitioner. Accordingly, since the removal of the petitioner by the order of the disciplinary authority dated 16.8.2000 can only be construed for removal of services of the petitioner w.e.f. 16.8.2000, if there is any amount due to the petitioner on account of medical bills, then company will now look into this aspect and inform the petitioner with respect to whether any further amounts are due or not by giving reasons in support thereof. However, since this is an old matter, I direct that petitioner will once again within a period of four weeks from today submit a detailed claim with respect to medical bills pertaining to the illness of his wife and his father supported by the requisite documents, and the employer -company/Hindustan Insecticides Ltd. will consider and pass appropriate orders with respect to the medical bills within a period of 8 weeks thereafter and which will be communicated to the petitioner.