TRIBENI PRASAD Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, CCL

JUDGEMENT

(1.) THIS application has been preferred by petitioner against the office order No. PM (A) OE/Disc. Case/T, Pd./99/ 581 -86 dated 11.1.2000 (Annexure -7) issued by the Chairman -cum -Managing Director of M/s. CCL whereby and whereunder one R.N. Singh, CPM (P&IR) has been appointed as Enquiry Officer. The petitioner has also challenged the consequential office order No. 4804, dated 23.10.2000 whereby Mr. R.N. Singh. Enquiry Officer asked the petitioner to appear in the departmental enquiry.

(2.) AS the case can be disposed of an a short point, it is not necessary to discuss all the facts, claim and counter claim of the parties, except the relevant one.

(3.) IN the counter affidavit, same plea taken by the respondents. It is stated that the first enquiry officer, Sri A.N. Singh, CGM (P and P) though in his report accepted that the petitioner was taken in custody in connection with some police case but he held that the petitioner may have felt embarrassment to state it which is a natural phenomenon, though the petitioner later 011 admitted this fact openly. In spite of the aforesaid fact the first enquiry officer, Sri A.N. Singh recommended not to punish the petitioner for such concealment of fact. The report of enquiry officer being based on conjecture, surmises and completely based on imagination, is stated to have not been accepted by the Disciplinary Authority.