KULDEEP KUMAR SETHEE Vs. R S SHARMA CMD

JUDGEMENT

(1.) The petitioner is born on 13/9/1954 and after acquiring a bachelor's degree in Electrical Engineering from IIT Delhi, he came to be appointed as an officer, Q-1 (Grade-I) under the Oil and Natural Gas Corporation Limited (ONGC for short) with effect from 11/11/1977. The classification of the officers in ONGC is as follows:

(2.) The petitioner approached this court in Writ Petition No. 1887 of 2000 praying for directions to grant him promotion to E5 level and the said petition was dismissed on 14/2/2001. In the year 2002-03, ONGC introduced an internet Portal known as "ongcreports.net" so as to provide a platform "Forum" and "Feedback". It was intended that the employees could discuss work related issues and solve work problems of the employees and also to create database knowledge and ideas. However, it was not platform meant to malign, slander or accuse the management of ONGC on purported grounds of mal-administration, victimization or mismanagement of its resources. As per the petitioner, the Chairman and Managing Director (CMD) of ONGC in response to a letter by an employee exposing corruption in ONGC, exhorted all employees to come forward and expose corruption with the words "if you really love ONGC, speak up, thrash the rascals, that will be your best individual award, a clean conscience.". The petitioner claims that many employees have been using the Portal and responded the call of CMD and expressed their views of different matters, including management, promotion and corruption etc. However, ONGC had never proceeded against any such employee.

(3.) On 24/12/2004 the petitioner addressed an e-mail to the CMD pointing out corruption. He again sent an e-mail to CMD, the Directors and Chief Vigilance Officer of ONGC on 5/1/2005 pointing out the alleged casual attitude of key officials on job assignments and organograms. Before this, it appears that on 31/8/2004 the petitioner was counseled that his behaviour by posting comments on the Portal and making allegations against senior managers was unbecoming of an officer of his level and that he should not indulge in such acts in future. It appears that by letter dated 5/1/2005 his explanation was sought and it was indicated that he may have to face disciplinary proceedings. Instead of following the advice so given to him, he posted yet another e-mail on 7/1/2005 on the Portal. He did not stop here alone and on 10/1/2005 he addressed a letter to the Board of Directors pointing out acts of omissions and commissions in the matter of promotions etc. On 12/1/2005, he raised an issue with regard to misuse of office by some officers in the ONGC by an e-mail on the Portal. On the very next day i.e. 13/1/2005, he referred to the acts of omissions and commissions by Mr. S.D. Mathur, Deputy General Manager (Programme) and on 15/1/2005 he addressed yet another e-mail on the Portal to the CMD and purportedly urged to ensure transparency at the operations level in ONGC. In the e-mail dated 6/4/2005 he used insolent language, casting aspirations on the management, slandering CMD of ONGC and alleging that the CMD and the Directors and key senior officers had committed illegitimate, unfair, discriminatory and emotional assaults on ONGC employees and had committed acts which were criminal in nature. He also alleged that there was abuse and misuse of power. This resulted in a show cause notice/charge-sheet dated 14/4/2005 addressed to the petitioner. He alleged to have committed the following gross misconduct:-