SANJAY KUMAR Vs. BHARAT HEAVY ELECTRICAL LTD.

JUDGEMENT

(1.) Hon'ble Ramesh Ranganathan, C.J. (Oral) Heard Mr. A.S. Rawat, learned Senior Counsel assisted by Mr. Amar Shukla, learned Counsel for the appellant, and Mr. V.K. Kohli, learned Senior Counsel assisted by Ms. Rajni Supyal, learned Counsel for the respondent-Corporation.

(2.) This appeal is preferred against the order passed by learned Single Judge in Writ Petition (SS) No.512 of 2015 dtd. 16/4/2015. The appellant herein invoked the jurisdiction of this Court aggrieved by the order passed by the Executive Director of the respondent-corporation on 30/3/2015 exercising his power of review under Rule 33 of the BHEL Conduct, Discipline and Appeal Rules, 1975, and in removing him from service.

(3.) Facts, to the limited extent necessary, are that the appellant- writ petitioner was initially appointed as a Temporary Skilled Worker on 5/4/2005. He was promoted as Artisan Grade IV on 5/4/2006, and subsequently to the post of Artisan Grade III on 25/6/2009. While working as Artisan Grade III in BHEL, he appeared for selection, in an All India Competition, for appointment to the post of Supervisor Trainee (S.O. Grade). He was selected and later appointed as such on 24/3/2010. On 14/11/2010, he was caught red handed at 'Jamal Mohammad College' at Trichy, while writing an examination for the post of Artisan (Welder Grade), impersonating one Mr. Mayank Kumar. The appellant admitted his act of impersonation. He was later on handed over to the police. An FIR was lodged on 14/11/2010 under Sec. 416 IPC. Thereafter, departmental proceedings were initiated in which the petitioner was suspended on 14/11/2010 and, considering his misconduct, he was awarded, by order dtd. 16/11/2013, the penalty of reduction to the post of Artisan Grade-III for a period of three years.