BIJAY KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 30/12/2020 passed by the General Manager (P&C), Artificial Limbs Manufacturing Corporation of India (A Government of India Undertaking), Kanpur (for short, 'the ALIMCO Kanpur'), the Disciplinary Authority, ordering the petitioner's removal from service after holding a departmental inquiry. Also under challenge is the order dtd. 9/7/2021 passed by the Chairman-cum-Managing Director, ALIMCO Kanpur, the Appellate Authority, dismissing the petitioner's appeal and affirming the order passed by the Disciplinary Authority. The petitioner also does challenge the order dtd. 6/10/2022 passed on a review carried by him from the orders of the Appellate Authority and Disciplinary Authority to the Board of Directors of the ALIMCO Kanpur, rejecting it. The petitioner further questions the validity of the charge-sheet dtd. 19/12/2020, giving rise to the disciplinary proceedings, culminating in the orders impugned.

(2.) The facts giving rise to this writ petition are these: The ALIMCO Kanpur is a Government of India Central Public Sector Enterprise, working under the Ministry of Social Justice and Empowerment, with its major share holding being with the Central Government. It is administratively as well as financially controlled by the Government of India. The petitioner joined the ALIMCO Kanpur as an Engineer on 15/6/1999. He was promoted as a Deputy Manager on 28/1/2006 and then a Manager on 1/1/2012. On the 1st of April, 2015, he was promoted to the post of a Senior Manager. On the 8th of April, 2015, the petitioner was transferred from the ALIMCO Kanpur to the ALIMCO Auxiliary Production Centre, Jabalpur (for short, 'the AAPC Jabalpur') as the Unit Head. He joined at the AAPC Jabalpur on 15/4/2015. The petitioner says that he achieved high for the ALIMCO and received the highest turnover award for the financial year 2015-16, 2016-17 and 2018-19. The AAPC Jabalpur received confirmation from the Director, Rajya Shiksha Kendra, Bhopal for organizing an assessment camp w.e.f. 4/12/2018 onwards in 131 blocks of 21 districts of Madhya Pradesh for children with special needs.

(3.) An assessment camp was conducted at Ujjain from 24/12/2018 to 1/1/2019 on schedule. After assessment, orders were placed with the ALIMCO for supply of appliances/ materials, that include rollers, wheelchairs, CP chairs, tricycle and crutches for 131 blocks of 21 districts across Madhya Pradesh. These were meant for the use of children with special needs. The aforesaid appliances were supplied to Ujjain in various blocks, namely, Ujjain Gramin, Mahdipur, Ujjain, Ghatiya, Ujjain, Badnagar, after being checked and approved by the Quality Control Inspector, the Warehouse In-charge and the Security Personnel and signed by them on loading/ packing slip. The petitioner was on station leave on 18/7/2017 and 19/7/2017 and one Nitin Manohar, the senior most officer after the petitioner, was working as the Unit Head/ In-charge of the AAPC Jabalpur. It was under these circumstances that aids and appliances were dispatched to Ujjain, Khachrod and Badnagar blocks.