AJIT KUMAR BHATTACHARJYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Sarma, learned counsel appearing for the writ petitioner. Also heard Mr. S. Nath, learned counsel appearing for the respondent Nos.2 to 6. Mr. S. S. Roy, learned Central Govt. Counsel is present on behalf of respondent No.1.

(2.) The writ petitioner herein is an employee of the Life Insurance Corporation of India (LICI) and is posted as Record Clerk in the Finance & Accounts department of the Divisional Office of the LICI situated at Panbazar, Guwahati. Aggrieved by the order dtd. 5/7/2016 issued by the Manager (P & IR) i.e. respondent No.6 imposing the penalty of "reduction to minimum of the time scale of pay as applicable to his cadre" and also "for recovery of Rs.1,91,000.00" upon the petitioner, the instant writ petition has been filed.

(3.) The facts of the case, in a nutshell, are that, while serving as a Record Clerk in the Finance & Accounts department in the Divisional Office of the LICI at Guwahati, a disciplinary proceeding was initiated against the petitioner on the basis of charge-sheet dtd. 15/12/2014 levelling the single charge of failure to maintain absolute integrity and devotion to duty. An Enquiry Officer was appointed to go into the charge brought against the petitioner, whereafter, report dtd. 18/4/2015 was submitted by the Enquiry Officer by holding that the charge leveled against the delinquent officer is partially established. Not being satisfied with the said report of the Enquiry Officer, the Disciplinary Authority i.e. the respondent No.4 had issued a show cause notice dtd. 13/6/2016 upon the petitioner informing that he intends to differ with the finding of the Enquiry Officer on the basis of evidence taken on record and the facts and circumstances of the case. The petitioner submitted his show cause reply on 23/6/2016. Thereafter, the respondents had issued the impugned order dtd. 5/7/2016 imposing the penalty upon the petitioner as noted above.