PRAVIN KUMAR PANDY Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) CHALLENGE , in this writ application, is to the order dated -22.10.2003 (Annexure -8), passed by the Respondent No. 2, whereby a penalty of reduction to the next lower Grade for a period of two years with cumulative effect, has been imposed against the petitioner. The petitioner has also assailed the order of the appellate authority communicated to him vide letter dated 21.05.2004 (Annexure -10), whereby the appeal filed by the petitioner against the impugned order of his punishment has been dismissed.

(2.) THE petitioner's case in brief is as follows:

(3.) REFUTING the claim of the petitioner, the Respondents have filed their counter affidavit. The stand taken by the Respondents is that there is no perversity, much less illegality, in the impugned order of punishment. The petitioner was given due and reasonable opportunity to defend his case in the departmental enquiry. Though the enquiry officer may have found the petitioner not guilty of the charge, but the disciplinary authority had every right to differ from the findings of the Enquiry Officer and to impose punishment upon the delinquent employee upon being satisfied that the charge has been proved.