V.B.RAMACHANDRAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) This original petition has been filed by the applicant in O.A.No.180 of 2017. The grievance is against Ext.P2 order dated 29.08.2017, whereby interim stay of further proceedings pursuant to Annexure A1 charge sheet issued to the petitioner has been declined by the Tribunal, while admitting the matter, directing the parties to complete the pleadings.

(2.) Heard the learned counsel for the petitioner at length.

(3.) The sum and substance of the case projected is that, the petitioner was working as the Chief General Manager of the Hindustan Organic Chemicals Ltd. ('HOCL' for short), in the unit at Kochi. While so, he was appointed as the Managing Director of the Company. When he was functioning as the CMD of the Company, some delinquency was noted on the part of an employee by name Jogdand, who was working as the Executive Director and Unit Head at Rasayani and disciplinary action was proposed to be initiated against him. The matter was being dealt with by the CVC as well, who issued instructions with regard to the course and events. It is alleged that, no timely action was taken to safeguard the interests of the Company and the matter was being protracted, despite of several reminders. Ultimately, the delinquent employee by name Jogdand retired from the service, when the petitioner sent a communication to the CVC to the effect that, according to him, no delinquent act was done by the person by name Jogdand, virtually exonerating him. This was taken note of in the relevant factual context and the CVC suggested to take appropriate disciplinary action against the petitioner (for imposing minor penalty). Subsequently, the petitioner was stated as given premature retirement. Meanwhile, the petitioner had submitted an application for resignation from the service, which however was not accepted and he was not relieved; proposing to take disciplinary action against him. This made him to move the Tribunal by way of O.A.No.870 of 2016, wherein an interim order was passed by the Tribunal directing the respondents to relieve the petitioner from service, a copy of which is produced as Annexure A2. The above order also makes it clear that the said interim order will not be a hindrance to the respondent Company for initiating disciplinary proceedings as per law.