K S MOHAN KUMAR Vs. HINDUSTAN SHIPYARD LTD

JUDGEMENT

(1.) The petitioner who worked as Deputy Manager (Medical) in the respondent office assailed the order of dismissal passed by the respondent in his proceedings No.PD/ EC/0113/40/92, dated 10-8-1992 in this Writ Petition.

(2.) The facts of this case are that the respondent issued Memo No.PD/EC/0113/ 26/91, dated 5-10-1991 initiating departmental proceedings against the petitioner who was working as Deputy Manager (Medical) stating that he indulged in acts of misconduct/ mis-behaviour as set out in the statement of charges. Annex-I of the said proceedings is the statement of articles of charges framed against the petitioner. Which is extracted hereunder:

(3.) According to the respondent at about 02:30 hours on the intervening night of 16/17-7-1991 Dr. K. S. Mohan Kumar, i. e., the petitioner came to the Security gate in his car and unauthorisedly entered into the shipyard and interfered with the functions of the Security personnel by requesting the Security inspector to allow two oil tankers (Lorries) belonging to his friends to be taken out for being filled up or alternatively to allow another tanker inside the yard for filling up oil in the two tankers which are already inside the yard to their full capacity to save his friends. It is further alleged that such an act on the part of the petitioner is violative of Rule 4 and Rule 5(20) of the Hindustan Shipyard Officers Conduct, Disciplinary and Appeal Rules 1978 (herein after refered as 'CDA Rules').