SUMIT DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the petitioner. Also heard Mr. S. Mitra, learned counsel for respondent Nos. 2 to 6.

(2.) The instant writ petition filed under Article 226 of the Constitution of India, is for setting aside the impugned Memorandum No. BCPL/DF/2022-23/1053 dtd. 14/6/2022 issued by respondent No. 4 informing the petitioner that the review authority had decided to review the findings of the Disciplinary authority and the impugned order No. BCPL/DF/2022-23/RA/1063 dt. 1/9/2022, imposing the minor penalty of "censure" upon the petitioner in violation of Rule 39 of the BCPL Employees (Conduct, Discipline and Appeal) Rules, 2013.

(3.) The case of the petitioner is that the Brahmaputra Cracker and Polymer Limited (herein referred to as BCPL)/respondents, had issued an advertisement dt. 15/11/2023, inviting applications for various posts including the post of Senior Officer, Fire and Safety (E-2). One of the essential qualifications for the candidates is to have 1 year post qualification of executive experience (including experience as GET/ET/MT). The petitioner having the requisite qualification and experience for the post of Senior Officer, Fire and Safety, applied for the post vide application dtd. 28/11/2013 and submitted his educational qualification certificates, experience certificates and other testimonials. The petitioner being found suitable was offered appointment vide letter dtd. 18/6/2014 on probation for 1 (one) year, to which the petitioner submitted an attestation form dtd. 26/7/2014 at the time of joining. On 18/2/2017, the petitioner submitted a representation for confirmation of his service. Thereafter, on 20/8/2018, the petitioner was served a copy of Memorandum issued by respondent No. 5, initiating disciplinary proceeding against him on the allegations of providing false information regarding work experience certificate submitted by the petitioner at the time of joining in the said post of Senior Officer, Fire and Safety, BCPL and thereby, alleged violation of rule 4(i), 4(iii) and thereby committed misconduct under rule 5(xii), 5(xxiii) and rule 5(xxx) of BCPL Employees (Conduct, Discipline and Appeal) Rules, 2013. The petitioner in response submitted his written statement dtd. 5/9/2018 denying all the allegations and charges leveled against him. The enquiry officer thereafter, on conclusion of the enquiry submitted the Enquiry report dt. 10/12/2019 before the disciplinary authority which was forwarded to the petitioner. The petitioner submitted his final representation on 2/1/2020, requesting the disciplinary authority to exonerate him as the Article of Charges leveled against him were not proved. The disciplinary authority/respondent No. 5 vide order dt. 13/1/2020 found that the charges against the petitioner were not proved and accordingly, exonerated the petitioner from all the allegations leveled against him. The petitioner had also filed a writ petition WP (C) No.1749/2021 for the confirmation of his services. Subsequently, the services of the petitioner was confirmed on 13/10/2023 during the pendency of the writ petition.