R SENTHILKUMAR Vs. GENERAL MANAGER (DRILLING), OIL AND NATURAL GAS CORPORATION LTD ; GROUP GENERAL MANAGER; DEPUTY GENERAL MANAGER

JUDGEMENT

(1.) The petitioner has sought for a Writ of Certiorarified Mandamus, to quash the proceedings No.SRBC/MAS/1(15)/89, dated 12.08.2002, on the file of the Group General Manager, Oil and Natural Gas Corporation Ltd., Cauvery Project, Neravy, Karaikal, 2nd respondent, confirming the order of dismissal from service in proceedings No.KKL/CR/Estt/RM(D)/99/215, dated 31.08.2000, on the file of the General Manager, Oil and Natural Gas Corporation Ltd., Cauvery Project, Neravy, Karaikal, 1st respondent herein and consequently, prayed for a direction to the respondents to allow him to join duty and sanction consequential service benefits, including payment of arrears of salary.

(2.) According to the petitioner, he was an employee of Oil and Natural Gas Corporation Ltd., (in short "ONGC"). He applied for leave for two days from 25.11.1998 and on 27.11.1998. He has issued a telegram to the General Manager, Oil and Natural Gas Corporation Ltd., Cauvery Project, Neravy, Karaikal, 1st respondent herein, stating that he was not well and requested for extension of leave for one week and that there was no communication, as to whether, leave was extended or not. Therefore, he was under the bona fide impression that leave was sanctioned and extended. Unfortunately, illness continued and there was mental depression. He took treatment from 27.11.1998 to 25.09.2001 and during the interregnum period, the first respondent initiated disciplinary proceedings and dismissed the petitioner from service on 31.08.2000. Though he received the communication about the disciplinary proceedings, he could not act immediately. After getting a fitness certificate from a Psychiatrist, by name Dr.V.S.P.Bashyam, Senior Professor and Head of the Department, Chennai Medical College (Retd., he submitted a representation, dated 26.09.2001, to the 2nd respondent herein, marking a copy to the General Manager, Oil and Natural Gas Corporation Ltd., Cauvery Project, Neravy, Karaikal, 1st respondent herein, to the effect that he was not keeping good health. He also met the Group General Manager, Oil and Natural Gas Corporation Ltd., Cauvery Project, Neravy, Karaikal, 2nd respondent herein, in person and submitted the Medical Certificate, issued by the abovesaid Doctor. Since no favourable orders were passed, he made another representation, dated 06.10.2001. As there was no response, he caused a lawyer's notice, dated 21.12.2001, to consider his representations, dated 26.09.2001 and 06.10.2001 and revoke the order of dismissal from service. In response to the same, the Deputy General Manager, Oil and Natural Gas Corporation Ltd., Cauvery Project, Neravy, Karaikal, 3rd respondent herein, sent a letter, dated 03.01.2002, to the petitioner's counsel, stating that the request for revocation had already been rejected on 11.12.2001. Though a copy of the letter, dated 11.12.2001 was also enclosed in the letter, dated 03.01.2002, the same was not communicated to the petitioner. Therefore, he filed W.P.No.24022 of 2002, challenging the order of dismissal from service. This Court, by order, dated 05.07.2002, disposed of the petition, with a direction to the petitioner, to prefer a regular appeal before the Group General Manager, Oil and Natural Gas Corporation Ltd., Cauvery Project, Neravy, Karaikal, 2nd respondent herein and that the 2nd respondent was also directed to dispose of the appeal, after giving opportunity of being heard. Accordingly, an appeal was filed before the 2nd respondent on 26.07.2002. The appellate authority, vide order, dated 12.08.2002, has rejected the appeal. Aggrieved by the same, the petitioner has filed this writ petition, for the relief, as stated supra.

(3.) Assailing the correctness of the orders, impugned in this writ petition, Mr.Sadasharam, learned counsel for the petitioner submitted that the respondents have failed to consider that for mental depression and illness, the petitioner could not join duty and for the same reason, he could not participate in the enquiry proceedings. His absence was bona fide. Treatment and medical certificate given by Dr.V.S.P.Bashyam, Senior Professor and Head of the Department, Chennai Medical College (Retd.,), has not been considered in proper perspective. It was not the case of the department that the petitioner had unauthorisedly absented from service. Even taking it for granted that the petitioner had absented for a considerable period, the respondents ought to have imposed a lesser penalty, than dismissing him from service. But for the mental depression and sickness suffered, the petitioner would have joined duty. Inviting the attention of this Court to the procedure to be followed, while imposing major penalties, procedural violation has been alleged.