J. MOHANA RAO Vs. VISAKHAPATNAM PORT TRUST, VISAKHAPATNAM

JUDGEMENT

(1.) The writ of 'Certiorari' is filed questioning the proceedings dated 11.05.1999 of the 2nd respondent confirming the proceedings dated 15.07.1998 of the 1st respondent.

(2.) The brief facts are that the petitioner at relevant point of time was the Chief Materials Manager of the 1st respondent at Visakhapatnam Port Trust, Visakhapatnam hereinafter referred to as "VPT" with effect from 01.04.1986. Petitioner was issued with a charge sheet on 03.01992 with two charges. Along with the petitioner two others were also issued with the charge sheets. The enquiry officer found only the second charge as sustainable. The disciplinary authority on reviewing of the enquiry report disagreed with the findings of the enquiry officer by invoking the power vested on him under the Visakhapatnam Port Employees' (Classification, Control and Appeal Regulations, 1968 (for short, "the Regulations"), found the petitioner guilty of the two charges. The disciplinary authority imposed the punishment of major penalty of reduction in rank i.e., "revision to the lower post of Materials Manager on scale Rs.4,800-200-6,000-225-8475 at the basic stage of pay of Rs.4,800.00 per month with cumulative effective from the date of the proceedings." The appeal to the appellate authority the Central Government also resulted in dismissal. In those circumstances, the present writ petition was filed.

(3.) Dr. P.B. Vijaya Kumar, learned counsel for the petitioner in his usual persuasive manner diligently urges the following points: