D THAMIZHMANI Vs. UNION OF INDIA UNDER SECY TO GOVT MINISTRY OF COMMUNICATIONS DEPT OF TELECOMMUNICATIONS

JUDGEMENT

(1.) This Writ Petition is directed against the order dated 25 July 2014 in O.A.No.1366 of 2011 dismissing the original application filed by the petitioner challenging the order imposing punishment by the first respondent, notwithstanding the clean chit given by the Enquiry Officer.

(2.) The petitioner is an employee of BSNL. The Disciplinary Authority issued a charge memo to the petitioner on 18 September 2007 alleging that he was instrumental in making recommendation for procurement of PVC pipes in huge quantities far beyond the actual requirement for the period 2000-2001 and thereafter, procured the pipes in total violation of the instructions given by the Chief General Manager.

(3.) The petitioner in his explanation denied the charge and submitted that he joined duty only on 3 July 2000 and the procurement was pursuant to the earlier order dated 4 January 1999. The explanation was not accepted by the Disciplinary Authority. The Disciplinary Authority appointed an Enquiry Officer to enquire into the charges framed against the petitioner. The Enquiry Officer conducted a very detailed enquiry and submitted a report absolving the petitioner from the charges.