P.G. LALITHAMBIKA, DY. ADMINISTRATIVE OFFICER, INDIAN RARE EARTHS LIMITED, RARE EARTHS DIVISION Vs. INDIAN RARE EARTHS LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR,

JUDGEMENT

(1.) THE petitioner - Smt. Lalithambika - - was working as Deputy Administrative Officer in the P & A Department of the Indian Rare Earths Ltd. (' IRE' for short) in its Udyogamandal unit as on June, 1995. Her duties included supervision of clearing and forwarding works also. ON 26th June 1995, 8 truck loads of sintex tanks arrived at the IRE premises through a transporting company by name K.T.C. The truck drivers demanded payment at the rate of Rs. 450/ - per truck as deviation and unloading charges. Ultimately payment was made by the IRE without her junction at the rate of Rs. 250/ - per truck load and receipts obtained. The petitioner felt something fishy in the claim and in the payments. According to her, the K.T.C. was bound to deliver the items at the IRE premises without any such payment, as they had collected the freight charges.

(2.) THE petitioner contacted the K.T.C. over telephone and found that the claim and payment were unauthorised. She raised the matter before her superior officers. When they were disinclined to intervene and to make an enquiry, the trade unions took up the issue and the officers were questioned about the transaction which smelt of corruption. The higher ups did not relish the move. The petitioner was relieved of her duties in the Administration Wing and shifted elsewhere. The petitioner complained against her superiors; but the result was that disciplinary action was initiated against her. In Ext. P6 charge memo the following violations were alleged against her:

(3.) PURSUANT to Ext. P7 written statement, one Jose Bastian was appointed as Enquiry Officer. An elaborate enquiry ensued. He filed Ext. P16 enquiry report on 17.11.1997 stating that all the allegations in the charges stood proved. The matter was considered by the Disciplinary Authority and as per Ext. P19, a penalty of withholding of promotion of the petitioner for a period of two years was imposed on 24.4.1998. The petitioner filed Ext. P20 appeal on 21.5.1998. She is aggrieved that the said appeal was dismissed as per Ext. P21 order of the Appellate Authority (CMD of the IRE) and that Ext. P22 review petition filed by her challenging the appellate order was also dismissed as per Ext. P23 through a non -speaking order. The prayer in the Original Petition is to quash Ext.s P16, P19, P21 and P23 aforementioned and to direct that the petitioner be given her due promotion ignoring the punishment imposed through Ext. P19 with effect from the date on which it was recommenced by the D.P.C.