PROTIM PATNI DEY Vs. OIL INDIA LTD

JUDGEMENT

(1.) Heard Mr. N. Deka, learned counsel for the petitioner. Also heard Mr. S. N. Sarma, learned Senior counsel for the respondent No. 4, assisted by Mr. K. Kalita.

(2.) The petitioner is aggrieved by the Order dated 17.05.2017 passed by the Deputy General Manager (ER) of the Oil India Limited, by which the service of the petitioner, who is on probation, has been terminated. The petitioner s case in brief is that he was appointed as a Graduate Teacher for a period of six months w.e.f. 13.07.2011 in Oil India H.S. School, Duliajan. On the basis of a complaint submitted by the parents of a girl student of Class-IX on 20.09.2011, the petitioner was issued a show cause notice on 23.09.2011 on the charge of sexually harassing the girl student. The petitioner submitted his reply dated 24.09.2011 to the show cause notice denying the charge. Thereafter, notice dated 25.04.2012 was issued by the respondent, wherein it was stated that a formal enquiry was to take place against the petitioner. Then, the respondents issued an Order dated 19.10.2011, by which the show-cause notice dated 23.09.2011 was withdrawn and the enquiry proceedings to be initiated was also cancelled.

(3.) The Principal of the school thereafter forwarded the Enquiry Report dated 25.04.2012 to the petitioner and asked him to submit a representation against the same. The petitioner submitted his representation in respect of the Enquiry Report dated 25.04.2012, requesting the Principal to accept the findings of the Enquiry Report. The Principal of the school instead passed an Order dated 16.08.2012, wherein the petitioner was imposed with the penalty of dismissal from service. In the Order dated 16.08.2012, the Principal of the school also stated that she had disagreed with the findings in the Enquiry Report made by the Enquiry Officer and accordingly imposed the penalty of dismissal against the petitioner.