KRISHNENDU NARAYAN GHOSH Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The petitioner was the Director (Finance) of the Hindustan Copper Ltd. being the respondent No. 6. With effect from September 1, 1995 until further orders the petitioner was appointed as Acting Chairman-cum-Managing Director of the respondent No. 6. While he was discharging the duties and functions of the Director (Finance) as well as Acting Chairman-cum-Managing Director, the petitioner was informed by a letter dated February 13, 1998 that he would continue as Director (Finance) from February 1, 1998 to February 28, 1998 i.e., the date of superannuation of the petitioner. On February 16, 1998 the petitioner received a charge-sheet dated February 13, 1998 issued under the provisions of Hindustan Copper Limited (Conduct, Discipline and Appeal) Rules, 1979. On February 23, 1998 the petitioner was served with another charge-sheet dated February 20, 1998. By the charge-sheet dated February 13, 1998 the petitioner was asked to submit his: written statement within 15 days of the receipt of the charge-sheet, i.e., after the date of his superannuation since the charge-sheet was received by the petitioner on February 16, 1998 and the petitioner superannuated on February 28, -1998. Similarly by the charge-sheet dated February 20, 1998 the petitioner was asked to file his written statement within 15 days of receipt of the charge-sheet, i.e., after his superannuation. In the charge-sheet dated February 13, 1998 it was stated that the petitioner while functioning as Acting Chairman-cum-Managing Director approved a proposal on November 11, 1995 unmindful to three points mentioned in the charge-sheet and because of petitioner's negligence and inaction to sort out the issues in advance, the Letter of Intent was issued on November 11, 1995 without reducing the premium from US$ 70 to US$ 65 and order was also confirmed by the then D.G.M. (Commercial), Head Office on November 13, 1995 before the vital points mentioned in the charge-sheet could be sorted out resulting in financial loss to the respondent No. 6. In the Articles of Charge also it was mentioned that by reason of inaction complained of the petitioner caused financial loss to the respondent No. 6. No such allegation was, however, made in the charge-sheet dated February 20, 1998. On February 28, 1998 on attaining the age of superannuation, the petitioner handed over charge and such handing over was accepted. By a letter dated March 4, 1998 the petitioner answered the first charge-sheet dated February 13, 1998. By another letter dated March 30, 1998 the petitioner answered the charge-sheet dated February 20, 1998. Thereafter on December 1, 1998 an Enquiry Officer was appointed to enquire into the charges. In the meantime the retiral benefits of the petitioner were not released. He, thus, applied for release of the same. In the meantime he also applied for permitting him to take assistance of a legal practitioner in the disciplinary proceedings.

(2.) By a letter dated March 22, 1999 the petitioner was refused permission to take assistance of a legal practitioner and he was intimated that release of his dues withheld by the respondent No. 6 will be considered after the completion of the disciplinary proceedings against the petitioner. The petitioner then by a letter dated April 10, 1999 contended that continuation of disciplinary proceedings after the superannuation of the petitioner is bad in law and accordingly requested for release of all retiral and other benefits. That letter has not been replied and hence this writ petition. In this writ petition the petitioner is seeking quashing of the orders both dated December 1, 1998, by which Enquiry Officer was appointed to enquire into charges framed against the petitioner by the charge-sheets dated February 13, 1998 and February 20, 1998 as well as the order of the Enquiry Officer dated April 5, 1999 whereby the Enquiry Officer desired to proceed with the enquiry as also release of the retiral dues of the petitioner.

(3.) It appears that the claim of the petitioner on account of retiral dues are as follows:-