RAVI PRATAP SINGH Vs. CHAIRMAN, BHEL

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, petitioner seeks quashing of the order dated 27.8.1998 whereby he has been transferred from the post of General Manager (Co -ordination) BHEL, Bhopal as General Manager/Product Manager (Switch -gear) at Hyderabad.

(2.) PETITIONER joined the service of the respondent company at Bhopal as a Graduate -Apprentice on 31.1.1968 and was subsequently absorbed as Manufacturing Engineer. Petitioner earlier aggrieved by his supersession and denial of promotion to the post of Senior General Manager/Additional General Manager filed Misc. Petition No. 342/93 before this Court. By order dated 20.4 .1996 the petition was allowed and direction was given to convene special meeting of the Departmental Promotion Committee to consider the case of the petitioner for his promotion to the higher grade. While doing so, this Court quashed, down grading of the A.C. Rs. of the petitioner for the year 1988 to 1994. Bharat Heavy Electricals Limited (hereinafter referred to as the Employer) preferred Letters Patent Appeal No. 88/96 against the aforesaid order and a Division Bench of this Court, by its order dated 3.12.1997 disposed of the appeal and modified the order of the learned Single Judge. While doing so, it directed that the ACR of the petitioner for the year 1988 -89 be written and adverse AC Rs. for the year 1990 -91 be communicated to him and thereafter his representation be invited. This Court further directed that the authority concerned shall consider whether to retain or expunge the same. This Court, also observed that since the petitioner is President of the Executive Officers Association and he was taking interest in the administration, he seems to have incurred the wrath of high ups.

(3.) PETITIONER has further stated that he being the President of the Executive Officers Association high lighted the anomalies in plot distribution of prime land) of the employer in Bhopal, which resulted into the inquiry being ordered by the Chief Minister of M.P. and allotment of plots and membership of society of various senior officers were cancelled. This according to the petitioner has given rise to heart -bums among the senior echelons of the management as they 1 could not twist and turn the rules for their advantage and benefit. Petitioner asserts that on account of the same there was organised conspiracy to side line him.