DPKHANDELWAL Vs. BHARAT WAGON AND ENGINEERING COMPANY LTD

JUDGEMENT

(1.) The petitioner in this application under Articles 226 and 227 of the Constitution seeks quashing of the enquiry report holding him guilty of the charges and the order of his removal from service in a departmental proceeding.

(2.) The facts giving rise to the writ petition shortly stated are these. During his tenure as Materials Manager under the Bharat Wagon and Engineering Company Ltd ('the Company' in short), the petitioner was placed under suspension and served with memo of charges on 4-1 82 alleging that he had made aspersions against the General Manager of the Company in his letter dated 28-10-81 which was subversive of discipline and good behaviour ; that he had placed 'a firm price' order of supply of certain articles in disregard and violation of the sanction order of the Chairman-cum-Managing Director (CMD) requiring incorporation of esculation of clause and that he had failed to take effective action on M/s Bihar Pioneer Industries in the matter of acceptance of the terms and conditions in placing purchase order The petitioner filed his explanation denying the charges. The explanation was not accepted and a departmental enquiry was formally initiated with the appointment of Shri O P Garg, General Manager of Muzaffarpur Unit of the Company as the Enquiry Officer. The petitioner objected to appointment of Shri Garg on the ground that he was on probation and being directly subordinate to the CMD he was not expected to hold an independent enquiry. It is said that the respondents did not sent any reply on the objection of the petitioner and he was compelled to participate in the enquiry proceeding The Enquiry Officer submitted an adverse enquiry report on 27-7-82, a copy whereof is Annexure-17/A. On 2-8-82 the petitioner was given an opportunity of submitting representation against the proposed punishment and ultimately. impugned order as contained in Annexure-19 removing the petitioner from service pursuant to the decision of the Board of Directors of the Company in that regard was issued on 19-8-92.

(3.) It is not necessary to refer to the details of the charges or defence for the disposal of this writ petition.