DEEPAK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the instant writ petition, the petitioner questions legality and validity of his dismissal order dated 23.1.90 Annx.29 passed by respondent No. 2 and older dated 19.4.90 Annx.33 passed by respondent No. 3 dismissing his appeal.

(2.) THE aforesaid two orders have been challenged by the petitioner on the ground, inter alia, that he was appointed by the General Manager (respondent No. 3) whereas dismissal order has been passed by the Superintending Engineer (Drilling) (respondent No. 2) who is admittedly lower in rank to respondent No. 3. No charge -sheet and materials in support thereof have been supplied during domestic enquiry which has caused serious prejudice to him. He was not afforded reasonable opportunity of hearing and the orders impugned have been passed against the principles of natural justice and fair play.

(3.) IN the aforesaid writ petition, in paragraphs 9 and 10, serious allegations of mala fide were made by the petitioner against the officers of Oil (India) Limited (hereinafter referred to as 'the Company'). It is alleged in paragraph 3 of the instant writ petition that the petitioner was pressurised to withdraw the aforesaid writ petition by Shri Deependra Sharma, Superintending Engineer (Inquiry Officer in the present case) and when he expressed his inability to yield to the pressure, a false case of misconduct was concocted against him alleging that he along with process server of the Court went to deliver the notices in S.B. Civil Writ Petition No. 1060 of 1989 to Shri Y.K. Mishra of the Accounts Department. Shri Y.K. Mishra went to Shri N.K. Bhatt, Superintending Accounts Officer to seek his advice to receive the said notices then the petitioner entered in his room and started shouting by using abusive language and made an attempt to assault them in presence of process server of the Court. The allegations made in the present case against the petitioner are evident from the show cause notice, a copy whereof is filed as Annx. 1 to the writ petition.