P B NEDUNGADI Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner joined service of the respondent State Trading Corporation of India Limited as Assistant in the year 1956. He had completed an unblemished service of 27 years, when he was removed from service on 13.10.1983, on which date he was functioning as Deputy Marketing Manager in the Madras Office of the respondent Corporation.

(2.) By Charge Sheet dated 7.7.1982, the petitioner was charged that he had not done physical weighment of the Soya Bean Oil which had been stored in the Tankers belonging to Indian Molasses Company, before it was transported on 4.7.1979 to the Storage Depot at Manali, belonged to Nagpal Petro-Chem Limited. According to the respondent Corporation, there was a shortage of approximately 189.36 MT of Soya Bean Oil. The petitioner submitted his explanation on 21.7.1982 denying the charge. An enquiry was conducted, in which the respondent Corporation was assisted by an Inspector of the C.B.I. Hence the petitioner made a request for lawyer's assistance on 4.7.1983, as he was pitted against a legally trained person viz., a C.B.I. Officer. By order dated 8.9.87, the request was denied.

(3.) After the enquiry, the petitioner was dismissed from service by the Disciplinary Authority viz., the Chairman, on 13.10.1983. The appeal filed against that order of dismissal, before the appellate authority viz., the Board was also rejected on 5.6.1994. The petitioner filed W.P.No.11306/94 before this Court questioning the above orders. However, this Court by order dated 18.7.1989 set aside the order of the appellate authority on the ground that the said order was non-speaking one, and directed the Board to dispose of the appeal within a stipulated time. Nevertheless, the appeal was disposed of by the Chairman himself by order dated 24.2.1995 in view of the fact that in the mean time the rules were amended and the Chairman was designated as appellate authority under the Rules.