RUPESWAR DUTTA Vs. OIL INDIA LTD

JUDGEMENT

(1.) This writ application is directed against the Annexure-I show cause notice, Annexure-IV order of dismissal passed by the Additional Chief Engineer (Mechanical) Engineering Department by which the petitioner was dismissed from company's service with effect from 25th of August, 1983, Annexure-VII appellate order dated 22.11.83 passed by the Resident Chief Executive refusing to interfere with the order of dismissal and the order of the Central Tribunal, Calcutta.

(2.) For the purpose of disposal of this Civil Rule, facts may be stated as follows :- Petitioner was initially appointed Boiler Attendant in the year 1961. He was promoted to the post of Boilder Attendant (Class I) in 1966 and since then he had been serving in that capacity. He completed 23 years of service at the time of filing of the writ petition and the petitioner was due to retire from service in the year 1991. An incident took place on the night of 24/25th of April, 1983 near the house of the petitioner at Duliajan in which one Jogen Chandra Deka was severely injured by some miscreants. The injured was brought to the hospital of the company at Duliajan for treatment where he succumbed to his injuries on that day. A criminal case was initiated and the petitioner was also one of the accused in the said criminal case. After trial petitioner was acquitted of the charge under Section 302 IPC. However, he was convicted under Section 201 IPC for concealing the dead body. The judgment was delivered by the learned Sessions Judge on 31.1.87. Prior to that a departmental proceeding was also initiated on 7.6.83. The proceeding commenced for some time and it was concluded on 24th of August, 1983. Charges were stated 10 be proved against the petitioner and he was found guilty. Accordingly, he was dismissed from service by Annexure-IV order dated 24.8.83 issued by the Additional Chief Engineer (Mechanical) Engineering Department. He was dismissed from service from the next date of passing of the order. Being aggrieved, the petitioner preferred art appeal before the Resident Chief Executive - Appellate Authority. The Appellate Authority by Annexure-VII order dated 22.11.83 dismissed the appeal Meanwhile, before the date of his dismissal as there was some dispute pending in connection with the condition of service, the management of the Oil India Ltd. filed an application under Section 33 (2) (b) for approval before the Central Tribunal, Calcutta. The prayer for approval was opposed by the petitioner. The petitioner submitted that it should he stayed as the criminal trial was pending. However, the objection was not entertained by the Central Tribunal and the Central Tribunal decided to proceed with the case. Against that order the petitioner has approached this Court. Thereafter, by JUDGMENT & ORDER dated 31.1.87 the Criminal Court (Sessions Judge) acquitted the petitioner of the charge under Section 302 I.P.C., but convicted him under Section 201 I.P.C. In the writ petition the petitioner prayed for issuance of appropriate writ or direction restraining the respondents from giving effect to the order of dismissal passed by the Additional CMef Engineer (Mechanical) Mechanical Engineering Department, Oil India Ltd. and confirmed by the Resident Chief Executive (appellate authority. The Civil Rule in due course came up for hearing and a Division Bench of this Court by JUDGMENT & ORDER dated 15.11.89 held that the disciplinary action taken against the petitioner could not sustained in law and accordingly quashed the order of dismissal and subsequent orders passed in the appeal. The management of the Oil India Ltd. filed Special Leave petition before the Supreme Court (Civil Appeal No. 3420 of 1990). The Apex Court after hearting granted the special leave and passed the following order :-

(3.) Heard Mr. N.N. Saikia, learned senior Counsel assisted by Ms. G. Deka, learned counsel appearing on behalf of the petitioner, Mr. P.C. Deka, learned senior counsel assisted by Mr. S.N. Sarma, learned counsel appearing on behalf of respondent Nos. 1 and 2.