P.KOTHANDAPANI Vs. THE CHAIRMAN

JUDGEMENT

(1.) Challenge in the writ petition is the punishment order confirmed by the Appellate authority and rejected by the Review authority.

(2.) The petitioner was working as depot in charge under the respondents. The charge memo issued to him for the lapse of not utilizing vacant space for storing 18,000 metric tonne of food grains. The petitioner submitted his explanation stating that he was only an incharge acting on the instruction of the Deputy manager whereas it is co-ordinated by 16 other Assistant managers who are also responsible for that. He would further defend himself with the statement that he was not responsible for the storage, but he was responsible only with respect to security, liason with railway, labour/staff welfare and other grievances. He was manhandled by the workers when the labour dispute and he attended to duty sincerely under intimation to the Deputy Manager. Being not satisfied with the explanation an enquiry officer was appointed to conducted an enquiry. During enquiry reports were called for from experts. After conclusion of enquiry, the enquiry officer has held the charges proved and the Disciplinary authority after holding the petitioner is also responsible for the lapses imposed a punishment of censure and ordered a recovery of Rs. 1,00,000/- out of Rs.5,33,684/- as a token recovery. The petitioner made an appeal to the Appellate authority raising the grounds of unfair conduct of enquiry, non furnishing of documents, collection of materials after the conclusion of enquiry and refusal of opportunity to place material facts and cross examine witnesses. Even though so many objections were raised to the enquiry officer report the Disciplinary Authority has observed as under:

(3.) Against which the petitioner filed a review petition, wherein he raised the point that all the other persons were allowed to escape and without any proportionality the amount was ordered to be recovered at random. However, the Review Authority has confirmed the punishment of the Appellate Authority. Against which the present writ petition is filed.