PANKAJ KUMAR BHOUMIK Vs. BHARAT REFRACTORIES LTD

JUDGEMENT

(1.) THE petitioner was employed on the post of Chief Research and Development Manager in Bharat Refractories Ltd. at Bhilai. On the basis of a disciplinary enquiry he was dismissed from service by order issued on December 5, 1994. Only two articles of charges, number 2 partly and number 4 fully was found proved against him. He preferred a departmental appeal to the Board of Directors which has also been dismissed on April 18, 1996.

(2.) SHRI R. K. Gupta, learned counsel appearing for the petitioner took me through the relevant findings on article of charges No. 2 and 4 from the enquiry report. Charge No. 2 was in substance that by disobeying the instructions of the higher authorities he did not make a random checking of quantity of bricks. The petitioner's defence was that being the Head of the Department of Quality Control, it was not his part of the duty to make a random checking of quantity and such an instruction issued to his department was objected to by him. The other charge Article No. 4 was that he sent a letter of protest with regard to the work assigned to him and at the same time marked a copy of the same to the Officers' Association. This was held to be an act of misconduct on his part.

(3.) LEARNED counsel for the petitioner tried to justify the action of the petitioner in relation to both the articles of charges. It is also submitted that the punishment of dismissal for the two charges mentioned above is shockingly harsh and disproportionate.