SURENDRA BHUSHAN Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) Challenging orders dated 13.09.2010 and 01.08.2012, the petitioner has approached this Court. Heard the learned counsel appearing for the petitioner and perused the documents on record.

(2.) The learned counsel appearing for the petitioner has submitted that, though the enquiry officer did not find the charges framed against the petitioner proved, the disciplinary authority without issuing show-cause notice and indicating the grounds for disagreeing with the findings recorded by the enquiry officer, has inflicted penalty of reduction by one stage in the time-scale with effect from 01.09.2010 for a period of two year and the appellate authority also did not consider the plea raised by the petitioner and dismissed the appeal preferred by the petitioner with a modification that the punishment would be for a period of one year.

(3.) As against the above, the learned counsel appearing for the respondents has submitted that, though the charge of demanding and accepting illegal gratification has not been found proved by the enquiry officer, the alleged amount of illegal gratification has been found in the drawer of the petitioner and therefore, the disciplinary authority chose to differ with the findings recorded by the enquiry officer and awarded the punishment as noticed above.