R N UPADHAYAY Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) This is a writ petition which seeks to challenge the order dated 20.10.2011 passed by the disciplinary authority as also the order dated 18.5.2012, passed by the appellate authority; which sustained the order of the disciplinary authority.

(2.) The charge against the petitioner in the disciplinary proceedings was that he had extended undue favours to two firms, both of which were run by his son, i.e. Mr. Pramod Kumar. This, according to the disciplinary authority resulted in violation of the Office Order dated 4.7.1985 and also, impinged upon attributes, such as, integrity and devotion to duty. The latter, according to the disciplinary authority, violated Rules 3 and 4 of the CCS (Conduct) Rule, 1964.

(3.) In the background of the aforesaid charge, a charge sheet was served on the petitioner, on 30.1.1995. As mandated, an enquiry was held, in which, the petitioner fully participated. The enquiry officer though, came to the conclusion, that the charge was not proved against the petitioner. The disciplinary authority, however, disagreed with the conclusion reached by the enquiry officer and, in that behalf, generated a note of disagreement-cum-show cause notice. The said notice is dated 25.11.2002. Pertinently, in the interregnum, the petitioner retired from service in 2000.