VASANT RAMA BHAGADE Vs. BOMBAY PORT TRUST

JUDGEMENT

(1.) 1. All these three writ petitions were heard together and are being disposed of by this common judgment inasmuch as all the 3 petitioners were charged in open single enquiry. The entire evidence was recorded in common and it is an agreed position between the counsel appearing for the rival parties before me that all the three cases are absolutely identical. Various submissions made on behalf of the petitioners and on behalf of the respondent-Bombay Port Trust are common to all three petitions and as such I am disposing of these three petitions by this common judgment and order.

(2.) ALL the tree petitioners were chargesheeted and in the statements of imputation of misconduct and articles of charges it was mentioned that on 11-12-1985 during IInd shift Shri C. K. Patil, watchman was posted at Red Gate, Indira Dock and Shri Sukumar Ramdas Manglore was posted as Gate Inspector on the same Gate. The other staff at the gate i. e. gate keepers were also present. Policemen were on duty at the spot. The Chairman of the Bombay Port Trust by valid orders had prohibited entry/exit of pedestrians through this gate totally. At about 5. 30 p. m. three Bombay Port Trust employees i. e. (1) Shri K. T. Mahbubani, Assistant Shed Superintendent, (2) Shri B. S. Komurlekar, Clerk Grade I, all of Docks Department were going out of this gate. One of them was carrying rexine bags. C. K. Patil watchman stopped all the 3 employs and a ked for their photopass. The Shed Superintendent disclosed his position and also informed that other two were First Grade Clerks working with him. Shri Patil required them to show as to what was in the bags. Thereupon they told Shri Patil that they should be taken to the Gate Inspector so that they would show who they are, Shri Patil took them to the Customs Chowky which is adjacent to the Gate Inspector's office. As soon as the three persons were brought to the Customs Chowky, Gate Inspector came there and told Shri Patil that they were the shed staff and he should not take any action against them, Shri Patil informed the Zonal Security Officer of Docks and within 5 minute one Shri Kowlgi. Assistant Security Officer came to the Red Gate Indira Dock. After scrutinising the photo-assess of 3 persons, he directed all the 3 persons to show or open the bags and accordingly they showed or opened their bags. In the bag of Shri K. T. Mahbubani, Assistant Shed Superintendent one new foreign saree, zip fasteners 500 Nos. of 6" size were found. In the bag of Shri B. S. Komurlekar Clerk Gr. I, one Foreign soaps camy-3 Nos. (2) 2 new foreign sarees, (3) 2 foreign made scissors, (4) one flash gun camera with card, (5) 12 lip stick tubes, foreign made, (6) one nylon sweater and (7) one nylon wire small bundle and (8) Camera wire were found. In the bag of Shri V. R. Bhagade, Clerk Gr. I (1) 2 sarees foreign made, (2) one pair of new ladies chappal, (3) one scent spree bottle were found. In the imputations it was stated that these people did not posses any valid documents for taking the above articles out of the Docks. Shri Kowlgi sent his jeep to Yellow Gate Police station and called police sub-Inspector Shri J. D. Sawant who held a panchanama and seized the above property from the above three persons. On the basis of these facts all the 3 persons were noticed that they have committed misconduct of violation of regulation 3 (1) of the Bombay Port Trust Employees (Conduct) Regulations, 1976 and have rendered themselves liable to disciplinary proceedings under Regulations 8 and 12 of the Bombay Port Trust (Classification, Control and Appeal) Regulations, 1976. Alongwith the chargesheets list of documents and witnesses were also supplied to these persons.

(3.) THE explanation given by all the three persons was that they have not committed any misconduct as alleged. Everyone of them disclaimed that they possessed any bag at all. They specifically disclaimed possession of any articles and contended that it was false allegation due to the rivalry between the Dock staff and the security organisation. They also pointed out that earlier criminal case was pending in the same matter and hence the departmental action may be held in abeyance. Ultimately after holding inquiry and examination of various witnesses, the Enquiry Report was submitted. The Enquiry Officer found that the charge was proved against each of the delinquent. The Deputy Chairman of the Bombay Port Trust served a show cause notice on all 3 persons as to why they should not be dismissed for the proved misconduct. In reply it was contended by the delinquents that they had not committed any theft of the articles found in their bags. They contended that they had purchased the sarees and other articles from the crew of the cargo ship berthed at Indira Dock, that they admitted that they were tempted to buy imported sarees and other articles as their wives had a great craze for those articles. After referring to their long service and the family members, they pleaded for lenient view and for lesser punishment. The Deputy Chairman of the Bombay Port Trust thereafter was pleased to impose a penalty of compulsory retirement on each of the delinquent. Upon receipt of the order of the order of punishment it appears that the delinquents made a request for review of the matter but the same was declined by the Bombay Port Trust authorities.