VENKATRAMAN SAMBAMURTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) On 16th September, 1954 the appellant (original petitioner) joined the All India Khadi & Village Industries Commission as manager. In course of time he was promoted to the post of Deputy Director and in that capacity, on 6th June, 1968 was transferred to Bhubaneshwar, Orissa. In August 1970 he was in due course transferred to Bombay.

(2.) On 17th May, 1974 the appellant was issued a show cause notice informing him that a departmental enquiry was proposed to be held against him and one Dora in respect of 9 charges listed in the annexures. Those charges pertained to certain alleged acts of the appellant during his tenure at Bhubaneshwar in 1968-70. Inspector Ghosh of the C.B.I. was appointed as the presenting (prosecuting) officer. After the conclusion of the enquiry, the enquiry officer submitted his findings to the Disciplinary Authority on 1st August, 1977. The enquiry officer found the appellant guilty of 5 charges. Regarding 3 charges, the enquiry officer did not record a finding but left the conclusion to be recorded by the Disciplinary Authority. The enquiry officer exonerated the appellant in respect of one charge.

(3.) On 13th March, 1978 the Disciplinary Authority issued a memorandum calling upon the appellant to show cause against imposition of punishment. This was followed by the appellant's replies dated 20th March, 1978 and 15th April, 1978 and thereafter by the Disciplinary Authority's order dated 18th December, 1978 demoting the appellant to the post of Assistant Director and debarring him from promotion for 3 years.