AKTHAR BASHA Vs. NEYVELI LIGNITE CORPORATION

JUDGEMENT

(1.) HEARD Mr.V.Raghavachari, learned counsel appearing for the appellant and Mr.N.Nithianandam, learned counsel appearing for the respondents.

(2.) THIS writ appeal is filed against the order made in W.P. No.23368 of 2005, dated 06.9.2012 wherein the appellant has challenged the order of punishment of reduction of pay for one stage for a period of one year imposed by the Disciplinary Authority by an order dated 26.4.1993, which was affirmed by the Appellate Authority, by an order dated 28.2.2005.

(3.) THE Disciplinary Authority accepted the findings of the Enquiry Officer, provisionally concluded that pay of the appellant should be reduced in the time scale by four stages in the scale of pay of Rs.1460 -60 -2180 and a show cause notice was issued on 08.6.1990. The appellant gave his explanation to the said show cause notice for the provisional penalty and after considering the same, lenient punishment was imposed, as stated supra. The appeal filed by the appellant before the Appellate Authority having not been disposed of, the appellant has filed writ petition before this Court in W.P. No.7492 of 2004 and pursuant to the direction issued by this Court on 23.12.2004, the Appellate Authority has passed an order on 28.2.2005 holding that the appellant could have avoided the allegations made against him, if he was more vigilant and the Appellate Authority agreed with the finding of the Enquiry Officer and also taking note of the lenient punishment imposed by the Disciplinary Authority, that is, reduction of one stage for a period of one year, thought fit not to interfere with the punishment imposed. The said orders were upheld by the learned single Judge.