SANJEET MORE Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) Reserved on 14/8/2025 Pronounced on 20/8/2025 By way of this petition, challenge is made to Order Annexure P-1 dtd. 13/12/2018 whereby the respondents have awarded the penalty of compulsory retirement to the Petitioner while dispensing with the enquiry in terms of enabling provisions as per Rule 30 (ii) of B.H.E.L. CDA Rules, 1975.

(2.) The aforesaid Order dtd. 13/12/2018 is challenged by the Petitioners who are husband and wife, though the employee was only Petitioner No.1.

(3.) Learned counsel for the petitioners has vehemently argued that the impugned penalty Order awards a major penalty as defined in the B.H.E.L. CDA Rules, 1975 (for short, Rules of 1975). It is contended that the penalty of compulsory retirement is mentioned as major penalty as per clause 23 (h) and as per clause 25 (1), the penalties specified in various clauses including clause (h) of Rule 23 can be imposed only after enquiry is held in accordance with the Rules of 1975. Therefore, it is argued that the penalty having been imposed without enquiry is illegal and contravenes clause 23 and 25 of the Rules of 1975.