NIKHIL CHANDRA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been preferred challenging the entire disciplinary proceeding including the charge-sheet dated 28th January, 2006, the Enquiry Report dated 8th September, 2006, the order of punishment dated 29th March, 2007 and the order of Appellate Authority dated 3rd January, 2008.

(2.) A brief review of the relevant facts would suffice. Upon completion of 15 years of unblemished service in Indian Army, the petitioner retired and thereafter he was appointed to the post of Security Guard in the Kolkata Terminals, Budge Budge-II of Hindustan Petroleum Corporation Ltd. (hereinafter referred to as HPCL). In the midst of such service, a show-cause notice dated 26th April, 2005 was issued to the petitioner seeking explanation of an alleged unauthorised absence from duty after a period of 15 days.

(3.) The petitioner replied to the said show-cause notice and almost 10 months thereafter, the petitioner was issued a charge-sheet dated 28th January, 2006 alleging unauthorised absenteeism of 291 days from January, 2003 to December, 2005 and asking the petitioner to file a written explanation. The petitioner replied to the same by a representation which was received by the competent authority on 11th February, 2006. Subsequent thereto, by a memorandum dated 15th April, 2006 the petitioner was intimated, inter alia, about the appointment of an Enquiry Officer, who in turn fixed the enquiry on 12th July, 2006 in which the petitioner duly appeared and no further date was fixed for the enquiry. Thereafter, by a memorandum dated 25th July, 2006, the petitioner was communicated a summation report prepared by the Presenting Officer. The petitioner was also communicated an Enquiry Report by a memorandum dated 8th September, 2006 to which the petitioner replied on 18th October, 2006. A further representation was made by the petitioner on 19th October, 2006. The Disciplinary Authority thereafter issued the order of punishment discharging the petitioner from the services of HPCL as per the Certified Standing Orders of HPCL (hereinafter referred to as the CSOs). Aggrieved by the said order of punishment, the petitioner preferred an appeal on 31st May, 2007. As the said statutory appeal was kept pending, the petitioner approached this Court with an application under Article 226 of the Constitution of India being W.P. No.20825 (W) of 2007 and the same was disposed of directing the Appellate Authority to consider and dispose of the petitioner's appeal dated 31st May, 2007, in accordance with law, by passing a reasoned order, within a period of 4 weeks from the date of communication of the order. Subsequent thereto, the petitioner's statutory appeal was dismissed by an order dated 3rd January, 2008.