VIJAY PRATAP SINGH Vs. TRIVENI STRUCTURALS LIMITED

JUDGEMENT

(1.) Heard Sri Sanjeev Singh, learned counsel for the petitioner and Sri P.K. Singh, holding brief of Sri P.K. Mukherji, learned counsel for the respondent no.1.

(2.) By means of the present petition, the petitioner has challenged the order dated 12th March, 2005, passed by the Chief Manager (Personnel & Administration), Annexure-1 to the writ petition, by which the petitioner has been awarded major penalty under TSL Discipline and Appeal Rules, by way of compulsory retirement with effect from 1st of July, 2004 and forfeiture of the ex-gratia amount and further sought mandamus to the respondents to disburse the benefit of Voluntary Retirement Scheme, as given to him vide order dated 2nd July, 2004.

(3.) The brief facts, giving rise to the present petition, are that Triveni Structural Limited-respondent no.1 is a Government of India Undertaking and is a subsidiary of Bharat Yantra Nigam Limited. The petitioner, who was working as the Deputy Manager (Administration) Personnel & Administration Department in Triveni Structural Limited, made a request for voluntary retirement, which has been granted vide order dated 2nd July, 2004, passed by the Chief Manager (Personnel and Administration). In the order it has been mentioned that the petitioner would be entitled to thirty six months' salary (Basic Pay Plus Dearness Allowance) towards ex-gratia, General Provident Fund, Gratuity and settling allowance as per the Company's Rules as well as encashment of Earned Leave/Causal Leave, as due on 1st July, 2004. It appears that a domestic enquiry was instituted against the petitioner in the year 2001 and the Enquiry Officer submitted a report on 2nd September, 2004. Referring the aforesaid enquiry report, a letter dated 19th September, 2004 has been issued by the Managing Director of the respondent-company to the petitioner, asking him to make a representation/reply, if he desires, within seven days. The petitioner filed the reply on 15th October, 2004.