DHAN SINGH KARKI Vs. BUREAU OF INDIAN STANDARDS

JUDGEMENT

(1.) This appeal is directed against the order dated 28th August, 2006 passed by the learned Single Judge whereby the writ petition filed by the appellant herein was dismissed.

(2.) The appellant filed the writ petition challenging the order passed by the respondent-Bureau of Indian Standards dismissing the appellant from service after he was found guilty of the charges levelled against him. Consequent to a vigilance inquiry initiated and conducted and on submission of the report, a memorandum of charge was issued to the appellant. The allegation made was that while functioning as Assistant in the BIS Central Laboratory, Sahibabad, the appellant had accepted a bribe of Rs.5,000/- in order to clear a sample. Some other allegations were also made. The Inquiry Officer appointed in the said departmental inquiry against the appellant submitted his report on 14th July, 1998, finding the appellant guilty of the charges. On perusal of the said inquiry report, the Disciplinary Authority, as per prescribed procedure, issued order dated 6th June, 2000, dismissing the appellant from service and with a direction sanctioning compassionate allowance to the appellant equal to two- thirds of the pension and gratuity.

(3.) The said order was under challenge in the writ petition. The learned Single Judge considered the contentions raised before him in depth and thereafter passed the order dated 28th August, 2006 holding that there was definitely enough material on record to find the appellant guilty of the charges. While coming to the aforesaid conclusion, the learned Single Judge particularly referred to the statement of the appellant himself before the authorities, admitting receipt of the amount of Rs.5,000/-. On appreciation of the record it was held by the learned Single Judge that the inquiry conducted against the appellant cannot be faulted either procedurally or as being based on no material. It was also held that imposition of the penalty of removal from service with a direction to release 2/3 compassionate pension and gratuity cannot be termed as disproportionate or arbitrary.