P SREE KRISHNA Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby quashing the impugned order No. C.14015/08/2012/-Disc/180 dated 10.05.2016 of punishments passed by the respondents by which the respondents had arbitrarily and illegally rejected the appeal of the petitioner against the assailed order dated 26-29.05.2015 passed by the Disciplinary Authority.

(2.) The petitioner initially joined on 20.02.1991, the erstwhile National irport Authority of India as Assistant Executive Engineer (Group A) which was later on re-designated as Manager Engineering (Civil). Thereafter, promotion of the petitioner reached at the level of Joint General Manager Engineering (Civil) on 20.10.2006 due to inter seniority merger between National Airports Division and International Airports Division which became single entity as Airports Authority of India/respondent No.1, notified on dated 01.04.1995 by the Union of India under review DPC {hereinafter being referred to as JGM Engg (Civil) from the post of DGM Engg (Civil) in the cadre post, but continued as the Airport Director at Srinagar Airport in the ex-cadre post till dated 30.03.2007. Thereafter, on 12.04.2007, the petitioner was transferred to the Hyderabad International Airport in the cadre post as JGM Engg (Civil) and continued at the Hyderabad International Airport till 07.10.2010. Thereafter, on 27.10.2010, the petitioner was posted at the Jaipur Airport from the Hyderabad Airport as JGM Engg (Civil) and continued till 17.07.2013. However, on 29.10.2012, the charge sheet was issued to the petitioner under Regulation 4(1) (a) (b) & (d) and 5 (i) (v) & (ix) of the Airports Authority of India Employees (Conduct, Discipline & Appeal) Regulations, 2003 for the misconduct and negligence attributable to other employees in spite of due prudent action of the petitioner. On 18.07.2013, the petitioner was posted at Hyderabad Airport and continuously remained posted at the Hyderabad Airport as JGM Engg (Civil) till dated 20.01.2015.

(3.) The further case of the petitioner is that after inquiry, the Inquiry Officer submitted its report dated 26.03.2014. The petitioner submitted representation to the Disciplinary Authority dated 25.07.2014, 26.08.2014 and 13.03.2015 against proving of the charges by the Inquiry Officer who without taking cognizance of the evidence on record, documentary exhibits and statements of witnesses ignored and submitted the arbitrary Inquiry report. Based on the representation dated 21.01.2015, the Disciplinary Authority observed that the Inquiry Officer has not correlated his findings based on statements/documents submitted during the Inquiry proceedings and hence directed to Inquiry Officer to revisit his findings based on the evidence on record.