V K SAYAL Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) Shri V. K. Sayal was the Deputy General Manager in Bharat Heavy Electricals Limited. A departmental inquiry under Bharat Heavy Electricals Limited Conduct, Discipline and Appeal Rules, 1975 was held against him on five charges two of which were held as proved. The said two charges are as under:-

(2.) The report of the Enquiry Officer is dated 16th September, 1996. Consequent upon the report, the Disciplinary Authority passed the penalty order directing reduction of rank of Shri V. K. Syal from Deputy General Manager to Senior Manger. Feeling aggrieved, V.K. Syal filed a writ petition. The same was dismissed by learned Single Judge on 2nd September, 1999. He has now come up in appeal.

(3.) We feel, at this stage, that a brief resume of what transpired in the inquiry proceedings is called for. The Management examined fourteen witnesses. As for V.K. Syal he filed the affidavit of one Gyas Mohd. Khan by way of evidence but he did not produce him before the Enquiry Officer for cross examination. It was the Management who produced him as a witness. The said Gyas Mohd. Khan instead of lending support to the version of V.K. Syal as given in the affidavit bent forward to demolish the same. On the same day the appellant withdrew from the case. He thus remained un- represented. He did not even enter the witness box to give his version of the charges framed against him.