G.N. DUTTA Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has sought quashing of the order dated 30th June 2005 passed by the Chairman - cum -Managing Director, Bharat Coking Coal Limited (Respondent No. 2) whereby the punishment of reduction by two stages in the time scale on a cumulative basis retrospectively from May 2003, has been imposed upon him. The petitioner is also aggrieved by the appellate order dated 17/22nd February 2006 passed by the Chairman -cum -Managing Director, Coal India Limited, confirming the order passed by the Disciplinary Authority.

(3.) COUNSEL for the respondents, on the other hand, submits that a detailed proceeding was followed in which the petitioner was given opportunity to defend himself in the inquiry proceeding and thereafter, the concerned inquiry officer has submitted his report which holds the petitioner guilty of the alleged charges that the petitioner had signed the format and left the possibility for fraudulent payment to the contractor without taking the work and as such, he is guilty of misconduct under the CAD Rules, 1978. Counsel for the respondents has also relied upon two judgments of Hon'ble Supreme Court in the case of State Bank of Bikaner & Jaipur and another versus Prabhu Dayal Grover (1995) 6 SCC 279 and in the case of National Fertilizers Ltd And Another versus P.K. Khanna reported in (2005) 7 SCC 597. Counsel for the respondents by relying upon the said judgments, submits that when the Disciplinary Authority concurs with the findings of the inquiry officer, then there is no implicit requirement of showing reasons in the order of punishment. It is therefore submitted that in the instant case, the Disciplinary Authority has only concurred with the findings of the inquiry officer finding the petitioner guilty and has passed the impugned order of punishment which is wholly just, proper and legal in the eye of law and it does not suffer from any non -application of mind.