PRABHAT CH. HANDIQUE Vs. THE ASSAM PETROCHEMICALS LTD.

JUDGEMENT

(1.) AND ORDER - Heard Mr. D. Baruah, the learned Counsel appearing for the petitioner. Also heard Mr. N. Deka, the learned advocate for the respondents.

(2.) The challenge here is to the order dated 15.10.2011 (Annexure-G), whereby in pursuant to a Disciplinary Proceeding (D.P), the petitioner was punished with reduction to the lower grade/post i.e Officer(Fire) w.e.f 17.10.2011 in the Assam Petrochemicals Limited, Namrup (hereinafter referred to as "the APL"). The delinquent was serving as an Assistant Manager (Fire) and the Charge Memo dated 27.7.2009 (Annexure-C) was issued against him with allegation of refusal to perform his lawful duty, insubordination, improper and disorderly conduct etc. On the night of the incident of 14.7.2009, the drainage of Formalin in the Tanker Yard at the APL was noticed and the petitioner as the Assistant Manager (Fire), was asked to attend to the emergency. But he failed to discharge his duties and refused to obey the order of his superiors and exhibited negative attitude. The charges of attempting to assault Atul Gogoi, the G.M. (HRM) of the APL, being abusive and displaying riotous and disorderly behaviour were also alleged against the delinquent, in the Charge Memo dated 27.7.2009 (Annexure-C)

(3.) The contents of the Charge Memo dated 27.7.2009 are extracted herein below for ready reference:-