F S CHAUHAN Vs. UOI & ORS

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions.

(2.) In substance, the challenge in the writ petition is to the report of enquiry dated April 13, 2001 and the consequent order of dismissal of the petitioner dated June 21, 2002, which was passed pursuant to chargesheet dated December 17, 1996 issued to the petitioner.

(3.) The facts as noted from the writ petition are that the petitioner joined National Thermal Power Corporation (NTPC) in the year 1979. While the petitioner was working at Badarpur Thermal Power Station, he was transferred and asked to report to respondent no.5, the then General Manager of National Capital Power Project, Dadri on July 10, 1995 who in turn directed the petitioner to report to one Shri Brij Kishore, Sr. Manager (EMG) and nominated the petitioner as the coordinator for Resettlement and Rehabilitation (R&R) of the Project Affected Persons (PAPs) of a nearby village, Muthiani. It is the case of the petitioner that a group of executives of NCPP including Shri Brij Kishore, M.P.S. Bir, P.S. Soman, A.K. Atrea, Y.N.P. Sinha and K.S.S. Ajjan under the patronage of respondent No.5 were engaged in a scandal of briberies, forgeries and misappropriation of the public funds allocated for the resettlement and rehabilitation of the PAPs. It is his case that Shri Brij Kishore demanded illegal gratification from PAPs of village Muthiani for award of R&R contracts to them by exercising his influence over the petitioner. On refusal by the said PAPs to pay illegal gratification, Sh. M.P.S. Bir moved an office note dated August 17, 1995 for award of the said R&R contracts to the non-PAPs on illegal considerations in violation of the R&R policy of the company and Sh. P.S. Soman forwarded the same for recommendation of the petitioner. Thereupon, Sh. Brij Kishore, Sr. Manager (EMG), Sh. A. K. Atrea, Sr. Manager (CCD) and respondent no.5 coerced the petitioner to recommend the award of the said R&R contracts to the said non-PAPs. That on refusal of the petitioner to recommend the said R&R contracts in favour of the said non PAPs, Sh. Brij Kishrore secured a false and anonymous complaint written under his dictation by one of his subordinates, Shri Brij Kishore Gupta, Sr. Asstt. Engineer (EMG) under a fictitious name of "Jatav Samiti, Muthiani" against the petitioner under a conspiracy to implicate and to remove him from "R&R coordination" and thereupon to award the said contracts to the said non-PAPs in their favour, for illegal considerations. It is the case of the petitioner that in furtherance of the conspiracy, Sh. Y.N.P. Sinha, DGM (CCD) recorded false remarks on the said false complaint and respondent no.5 used the false and anonymous complaint against the petitioner as genuine, knowing the same to be false and thereby removed the petitioner from R&R Coordination and thereafter awarded the said R&R contracts to the said non-PAPs in violation of the R&R policy on illegal considerations and further subjected the petitioner to the control of the said Sh. Brij Kishore. It is the case of the petitioner that he submitted the complaint dated November 18, 1995 with a documentary evidence of commission of aforesaid forgery and fraud to respondent no.5. Respondent no.5 concealed the complaint and evidences enclosed therewith and continued to subject the petitioner to the control of Sh. Brij Kishore. It is the case of the petitioner that on realizing the collusion of respondent no.5 in the conspiracy, the complainant submitted a copy of the complaint dated November 18, 1995 to the then Director (Vigilance). The Vigilance Department investigated the matter and found Sh. P.S. Soman, Sh. M.P.S. Bir, Sh. R.C. Garg and Shri Brij Kishore Gupta, prima facie at fault in its report dated April 29, 1996, but the names of Shri Brij Kishore and respondent no.5 were omitted. On further investigation, the controlling officer of the petitioner, Sh. Brij Kihsore, and his subordinate Sh. Brij Kishore Gupta were chargesheeted but no action was taken against the others. That an aggrieved PAP filed a complaint under Section 156 (3) Cr.PC on May 22, 1996 accusing Sh. G.P. Singh, Sh. Brij Kishore, Sh. P.S. Soman, Sh. M.P.S. Bir, Sh. Y.N.P. Sinha and Sh. Brij Kishore Gupta of having committed various cognizable criminal offences in the aforesaid matter in which matter a Case Crime no. 35/1999 was registered on the orders of the Court against the said executives. On failing to get his complaint dated November 18, 1995 redressed even after the vigilance investigation, the petitioner invoked the Executive Grievance Procedure of NTPC in pursuance of which Sh. G.P. Singh, Sh. A.C. Chaturvedi and Sh. S. Manchanda styling themselves as Chairman, Member Secretary and Member of the Staff Council called the petitioner on July 20, 1996 and threatened that if the petitioner pursued the matter of his complaint dated November 18, 1995 anymore, he himself would be chargesheeted by them. It is his case that the henchmen of Sh. Brij Kishore threatened the petitioner and his family with dire consequences. Therefore, the petitioner requested the police for security vide letter dated August 26, 1996. It is his case that thereupon the petitioner submitted a representation dated September 16, 1996 to the respondent no.3 requesting for disciplinary action against respondent no.5 and his accomplices. But no action was taken and the petitioner was still subjected to the malafide control of Sh. Brij Kishore. It is the petitioner's case that on December 1, 1996, the Director (Operation) of the respondent no.2 company (NTPC) Sh. B.N.Ojha, called upon the petitioner for getting his arms license renewed at New Delhi on December 2, 1996. The petitioner already under the threat to his life started early in the morning at about 7.30 AM on December 2, 1996 from his residence. He deposited the weapon in police malkhana, collected all information on documents required; the power of attorney and arms license of Sh. B.N. Ojha and got his license renewed. When the petitioner handed over the renewed license back to Sh. B.N. Ojha in his office at Scope Complex, Lodhi Road New Delhi in the afternoon on December 2, 1996, he was shocked to learn from Sh. B.N. Ojha that while the petitioner was present at New Delhi, Sh. Brij Kishore alleged that he was assaulted by the petitioner at Dadri and Sh. G.P.Singh had passed an order of suspension of the petitioner.