CHAIRMAN ONGC Vs. ALLAUDDIN AHMED

JUDGEMENT

(1.) This writ appeal is preferred by the appellants Oil and Natural Gas Commission and others against the order passed by the learned Single Judge dated 6.9.97 allowing the Civil Rule No. 2737/95 and setting aside the order of punishment removing the respondent No. 1 from service with further direction to the present appellants to reinstate the writ petitioner with all benefits.

(2.) We have heard Mr A.R. Borthakur, leaned Senior Advocate appearing on behalf of the Appellants and Mr C. Barua, learned Senior Advocate appearing on behalf of the Respondent No.1.

(3.) The facts in brief relevant for disposal of this appeal are that the respondent No. 1 namely Sri Allauddin Ahmed had been working as Accountant in the Oil & Natural Gas Commission whereas one R.A.Sukla had been working as Accounts Assistant Grade I in the O.N.G.C. Nazira. According to the appellants it was detected that a bill of highly inflated amount was prepared and payment was made to M/s North Eastern Electrical Hardware Stores from whom the appellants had purchased certain electrical items. The employer, namely, the appellants suspected the hand of the respondent No.1 and said R.A. Sukla, Accounts Assistant Grade I, due to whose involvement the exorbitant amount was paid by the appellants. It further transpires that the amount of over payment was returned by the firm to the ONGC. In any case a departmental proceeding was initiated against both the employees namely, the writ petitioner/ respondent No. 1 and Sri R.A. Sukla, respondent No. 2. The matter was enquired into by the Inquiry Officer and on consideration of the same by order- dated 21.1.85 order for removal from service was passed against the petitioner/respondent No. 1 and also in respect of the Respondent No.2 R.A. Sukla.