JAGDISHCHANDRA MANDLOI Vs. OIL AND NATURAL GAS COMMISSION

JUDGEMENT

(1.) Destiny has played a cruel joke with this petitioner. First he lost his wife either she was murdered or committed suicide as claimed by the petitioner. As a fall out of it, the petitioner has losthis job and it is this loss of job whichis challenged in this writ application.

(2.) The brief facts are as follows: The petitioneris a Bachelor of Engineering. The petitioner in 1975 was appointed in the post of Technical Assistant (Grade-I(Civil) under the O.N.G.C. In 1979 the petitioner was promoted to the post of Asstt. Executive Engineer. It is claimed by the petitioner that on 16.4.79 his wife committed suicide. On 28.4.79 the petitioner was arrested on suspicions and subsequently released on bail. On 3.5.79 the petitioner was placed under suspension with effect from 28.4.79 by the Regional Director O.N.G.C., Nazira. The suspension was later on ratified by the higher authority. On 3.4.84, the suspension was revoked and the suspension period was regularised but the petitioner's service was terminated under Regulation 24 of the O.N.G.C. (Terms and Conditions of Appointment and Service) Regulation, 1975. The petitioner filed Civil Rule being Civil Rule No. 283/84 before this court on 17.7.86. The High Court quashed the order of termination. However gave certain directions to the O.N.G C. On 19.1.88 a Criminal Case which was initiated as against the petitioner being Session Case No. 11 (S-S)/87 under Section 302 and 201 I.P.C. acquitted the petitioner and thereafter the petitioner requested the authority to reinstate in service; as he was acquitted in the case but the same was not done by the respondents. The respondents initiated an enquiry against the petitioner on 3 (three) charges. The charges are as follows: i) He gave false information to the police to the effect that his wife had committed suicide, ii) He has caused death of his wife by assaulting her. iii) His conduct is not above board as per judgment of Hon'ble Sessions Judge, Sibsagar.

(3.) One Sri S.P. Basu was appointed as the Enquiry Officer and the petitioner submitted his reply to the charges. As enquiry report vide Annexure-'E' was submitted on 23.9.89 by the Enquiry Officer. For better appreciation that enquiry report in its entirety is quoted below: