S R SETHURAMAN ALAGAPPAN Vs. MANAGING DIRECTROR

JUDGEMENT

(1.) The petitioner is aggrieved by the proceedings of the 1st respondent, dated 11.4.2007, whereby the petitioner was informed that the Appellate Authority directed the disciplinary authority to continue with the disciplinary proceedings afresh from the stage of calling for statement of objections from the petitioner. The case of the petitioner is that he joined the service of the Tamil Nadu Cements Corporation Limited in the year 1984 as 'Foreman' and after several promotions, he is working as 'Technical Executive (Instrumental)'. On 22.1.2005, a memo was issued to the petitioner by the 3rd respondent stating that a complaint was registered against him by the Tamil Nadu Asbestos Employees Union alleging that he had misappropriated by creation of false bills for a sum of Rs. 9,000/-. The petitioner gave an explanation to the charges leveled against him on the very next day itself. The petitioner, thereafter, sent a letter to the 3rd respondent on 15.9.2005 and requested for completion of the enquiry at the earliest and also sought for a copy of the final report.

(2.) It is further stated that the 3rd respondent informed the petitioner that such misconduct was proved and though the same is punishable under the Service Rules, the Management took a lenient view and consequently warned the petitioner not to repeat such misconducts. Aggrieved against such communication issued by the 3rd respondent, the petitioner preferred an appeal before the first respondent on 11.7.2007. The petitioner received communication from the Public Information Officer/Secretary that on 19.4.2006 and the Appellate Authority had directed the disciplinary authority to continue with the proceedings afresh from the stage of calling for statement of objections from the delinquent. Thereafter, the petitioner received a communication, dated 28.11.2007 requesting him to attend for an enquiry held on 7.11.2007. Hence, he filed the present writ petition before this Court.

(3.) The respondents filed a common counter affidavit, wherein it is stated that a charge memo, dated 4.10.2004 was issued to the petitioner, calling for his explanation. On the same day, the petitioner submitted his explanation and as the same was not containing full particulars, the petitioner was directed to submit further particulars in detail. Accordingly, the petitioner submitted his further explanation on 2.11.2004. As the explanation submitted by him was not satisfactory, a charge memo, dated 22.1.2005 was issued to the petitioner and directed him to submit his explanation. On 16.6.2005, the petitioner submitted his explanation denying all the charges. Accordingly, an enquiry was conducted and the petitioner had participated in the enquiry, wherein adequate opportunity was given to the petitioner for cross examining the witnesses. Thereafter, the Enquiry Officer submitted his report, dated 16.7.2005 holding that the petitioner was guilty of the charges leveled against him. Although, misappropriation of Company funds is a serious misconduct meriting dismissal, a lenient view was taken and the petitioner was administered with a warning by a memo, dated 7.11.2005. Aggrieved against the said warning, dated 7.11.2005, the petitioner preferred an appeal before the Appellate Authority, who in turn, through his order, dated 2.5.2006 directed the disciplinary proceedings to commence afresh from the stage of calling for statement of objections on the enquiry report etc. But instead of commencing the disciplinary proceedings from the stage of calling for statement of objections, the Management of Tamil Nadu Cements Corporation Limited, Alangulam, Virudhunagar District, by misunderstanding the direction given by the Appellate Authority, proceeded to conduct a fresh domestic enquiry on the charges leveled against the petitioner, by appointing a new Enquiry Officer. Thereafter, enquiry was also fixed on various dates, commencing from 7.2.2007. At this stage, the present writ petition was filed before this Court.