NIRANJAN MANDAL Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) THE petitioner is working as store -keeper in the Store -department of the respondents -Bokaro Steel Plant. In the year, 1985 a theft was committed by some unknown persons in the godown of which the petitioner was in -charge. As such, the petitioner lodged a written report to the officer -in -charge, Crime Section, Central Industrial Security Force (CISF) which was forwarded to Bokaro Steel City Police Station for institution a case and for investigation. On receipt of such information FIR was lodged and a case being Bokaro B.S. City PS Case No. 198/85 under Sections 461/379 of the Indian Penal Code was registered. The police during investigation arrested the petitioner and two other employees of the company -respondent and submitted charge -sheet. Accordingly the petitioner along with two other employee was tried in the Court of Judicial Magistrate, 1st class, Bokaro. The Court pronounced judgment on 18.6.1987 whereby the petitioner was acquitted of the charge holding that the prosecution failed to prove the charges levelled against the petitioner.

(2.) IT appears that in the meantime the petitioner was put under suspension vide order dated 23.8.1985 and was charge -sheeted. The Enquiry Committee so constituted inquired into the charges levelled against the petitioner. On the basis of the inquiry report submitted by the Enquiry Committee the Disciplinary Authority punished the petitioner by reducing his pay to an amount equivalent to two increments vide his order dated 24.8.1988.

(3.) MR . V. Shivnath learned counsel appearing on behalf of the petitioner assailed the impugned order of punishment as being illegal and wholly without jurisdiction. Learned counsel submitted that the petitioner has already spent 29 years of his service and he became entitled to promotion in 1993 when many juniors to him have been promoted to the post of Managers, According to the learned counsel the action of the respondents in not considering the case of the petitioner for promotion is illegal and mala fide. Learned counsel relied on a decision of the Supreme Court in the case of Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. and Anr. reported in AIR 1999 SC 1416.