GOVINDARAJALU KRISHNARAJ Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The writ petitioner was employed as a Field Officer with the Textiles Committee, a body Corporate constituted under the Textiles Committee Act, 1963. He was posted at the Kolkata Regional Office in the year 1994. By a Memorandum dated 8th January, 1997, a Charge Sheet was issued to the writ petitioner enumerating five several charges of misconduct under Regulations 4(i), 5(vi), 5(xxii) and 5(12) of the Textiles Committee Employees' Contract Regulations 1986.

(2.) An Inquiry was held and a report was submitted on 24th April, 1998. The said report was considered by the Disciplinary Authority being the Secretary Ministry of Textiles. Accepting the writ petitioner's contentions that he was wrongly denied access to certain documents, a fresh Inquiry was ordered. Liberty was granted to writ petitioner to access six documents and copies were obtained by him. The writ petitioner however did not object to the same Enquiry Officer continuing to act as such.

(3.) The Inquiry was taken up again by the Enquiry Officer. The petitioner did not submit his list of witnesses, despite being requested to do so. The petitioner was also given an opportunity to produce the original money receipt for Rs.12,500/- obtained from one D.K.Kamble Marketing Research Officer in connection with the first charge. The defense of the petitioner being return to the said D.K.Kamble sums of money misappropriated by him. He could not produce the said receipt. The Inquiry was adjourned repeatedly at the request of the petitioner in January and February, 1999.