ABANI BHUSAN BISWAS Vs. HINDUSTHAN CABLES LTD

JUDGEMENT

(1.) The petitioner is an employee of Respondent No. 1, the Hindusthan Cables Ltd. (Annexure A to the petition), a Government of India Undertaking, 'owned' by the Central Government within the meaning of Section 617 of the Companies Act, 1956, in which the Central Government is the sole shareholder

(2.) On 29-11-63, the petitioner, a Driver-cum-Mechanic was suspended by the Administrative Officer of respondent No. 1 by tht order at Annexure B to the Petition. In this order, it was alleged that the petitioner was guiltv of 'insubordination and disobedience' to orders issued by his superior authority and was accordingly considered 'undesirable' to be retained in the service of the company. On 2-12-63, the Administrative Authority served the charge-sheet at Annexure C to the petition and asked the petitioner to show cause why disciplinary action should not be taken against him on the charge of misconduct comprising of--

(3.) Shri S. Bhattacharyya was appointed the Enquiry Officer and on the report of that Officer, the petitioner was asked to show cause by 8-2-64 why he should not be dismissed (Annexure D, pp. 24 and 22 of the petition). The petitioner obtained this Rule on 7-2-64 for quashing the impugned order on the grounds inter alia, that the impugned orders are ultra vires and violative of natural justice.