DIGANTA HALOI Vs. NUMALIGARH REFINERY LIMITED

JUDGEMENT

(1.) These two writ petitions are directed against the orders passed by the Disciplinary Authority as well as the Appellate Authority on the basis of enquires conducted against the writ petitioners, whereby the writ petitioners were removed from service which shall not be a disqualification for future employment. Subsequently, on appeal the Appellate Authority modified the order of removal to that of compulsory retirement.

(2.) The writ petitioner in WP(C)/7682/2016 (namely, Sri Diganta Haloi) was appointed as a Graduate Engineer Training in Numaligarh Refinery Limited (NRL) in June, 2005. At the time when the enquiry was instituted, he was working as Assistant Manager. The writ petitioner in WP(C)/6151/2016 (namely, Sri Pankaj Boro) was employed as Senior Manager (Materials) in Numaligarh Refinery Limited (NRL) at the relevant point in time.

(3.) In the month of May, 2013, there was a fire incident in Numaligarh Refinery Limited (NRL) leading to damage of some articles. These articles comprising mostly of burnt cables and other scrap materials were approved for disposal by the higher authorities of Numaligarh Refinery Limited (NRL). These items were decided to be auctioned off in two lots. Lot No.1 comprised of ferrous and nonferrous scrap items and Lot No. 2 comprised of burnt cables. Thereafter, an e-tender was called for and the disposal of the scrap materials were awarded to one M/S Steelex (India ltd). On 15/3/2014 these scrap materials were loaded in three different trucks by the said M/S Steelex (India Ltd) within the Numaligarh Refinery Limited (NRL) complex premises. On the same day, an FIR was lodged by a few local Journalist of Golaghat and nearby areas alleging that in the name of scrap, useful materials were taken out. On the basis of that FIR lodged, the police seized the trucks on the same day. The concerned Officer-In-Charge of the local police out-post addressed a letter to the Numaligarh Refinery Limited (NRL) In-Charge to depute an officer for verifying the items/materials. On that basis a General Manager (Commercial) of Numaligarh Refinery Limited (NRL) was deputed to the police station.