GAURI SHANKAR SINGH Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) THIS matter was called out yesterday, none appeared on behalf of the petitioner and it was adjourned for today to enable the learned counsel for the petitioner to be present. None appears on behalf of the petitioner today also. Mr. Anil Kumar Sinha, learned counsel for the respondents was present yesterday and has assisted us today also.

(2.) THIS writ petition arises out of a disciplinary proceeding undertaken by the respondent - Corporation, namely, National Thermal Power Corporation (hereinafter referred to as the 'Corporation '), which led to the impugned order of punishment against the petitioner. He was posted as Deputy General Manager (Operation and Maintenance), at the Kahalgaon Project of the respondent Corporation and has been inflicted the punishment of deprivation of promotion for a period of two years.

(3.) WE have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner was at the relevant point of time posted as Deputy General Manager (Operation and Maintenance), at the Kahalgaon Project, District - Bhagalpur, of the respondent - Corporation. Charge -sheet dated 18.12.2003 (Annexure -3) was served on him, wherein allegations were levelled against him that he had approved of purchase of certain items for civil construction at higher rates on single tender for the cumulative value of Rs. 11,98,193/ -, without allowing competition with respect to items which were not proprietary items and were being produced by several other manufacturers. It is further stated that by such action the petitioner had caused a loss of Rs. 2,64,375/ - to the Corporation due to procurement of Belzona 429: Magma seal on PAC basis. The charge -sheet further alleged that the petitioner had also caused loss to the Corporation of another sum of Rs. 4,30,438/ - on account of procurement of Belzona Magma seal on PAC basis. The total amount of losses allegedly were to the tune of Rs. 6,94,813/ -. The petitioner had shown cause by his communication dated 17.3.2004 (Annexure - 4), wherein it was stated that he acted on the advice of his subordinates and on the recommendation of the Engineer -ln -Charge. He further stated that he is not an expert in the matter and his subordinates perhaps betrayed the trust and confidence reposed in them. On a consideration of the materials on record, the learned disciplinary authority recorded the finding that the petitioner had accorded sanction for the contracts in question on the recommendation of the Engineer -ln -Charge does not leave him of his own responsibilities. He has further held that purchase of the items on single tender basis was motivated, the products were available at lower costs in the market, and were not proprietary items. In view of these findings, the learned disciplinary authority awarded the penalty of withholding promotion for two years. Aggrieved by this order, the petitioner preferred appeal which was considered and rejected by the Board of Directors by its detailed order dated 27.4.2006 (Annexure -7). The petitioner thereafter preferred a review application which has remained indisposed because, according to the Corporation, such a review application is not maintainable.