- (1.) In this petition, challenge has been laid by the petitioner to the order dated 30.07.1991 passed by the Disciplinary Authority, imposing upon him a penalty of withholding two increments with cumulative effect and praying inter alia for release of his withheld increments.
(2.) Before proceeding to deal with the submissions made by the parties, it is necessary to recapitulate the facts of the case. On 12.09.1980, the petitioner was appointed as a Supervisor, Grade-I (P) in the pay scale of Rs. 630-30-1050 in the respondent No.1/Badarpur Thermal Power Station (in short "BTPS"). Vide order dated 11/14.06.1985, he was promoted as Senior Supervisor in the pay scale of Rs. 950-45-1040-50-1540. On 28.12.1990, the respondents served a memorandum on the petitioner under Rule 27 of the NTPC Conduct, Discipline and Appeal Rules, 1977 (in short "CDA Rules"), enclosing therewith a statement of imputation of misconduct and called upon him to make a representation in response to the proposal to take disciplinary action against him. As per the statement of imputation of misconduct, the respondents had found that the petitioner had abused the medical reimbursement facility provided to the employees as a welfare measure, by submitting 12 false medical reimbursement claims to the extent of Rs. 10,154.05 paise for his dependent wife and two children for the period between September, 1989 and March, 1990. It was alleged that out of the 12 prescriptions mentioned in the statement of imputation, the petitioner had secured 11 prescriptions in the name of his wife and two dependent children by showing some other patients to Dr. Raj Kumar, Deputy Medical Superintendent, Deen Dayal Upadhyay Hospital. Based on the aforesaid findings, it was alleged that the petitioner had committed an act of misconduct in terms of Rule 5(5) of the CDA Rules, exhibited lack of integrity and indulged in a conduct unbecoming of a public servant, thus violating Rule 4(1) and (3) of the above Rules.
(3.) The petitioner had submitted a reply dated 25.01.1991 to the aforesaid memorandum, denying all the allegations levelled against him. Not satisfied with his reply, the respondents/BTPS issued the impugned order dated 30.07.1991, holding inter alia that the petitioner had abused the medical reimbursement scheme of the company that had caused wrongful pecuniary benefits to him and wrongful loss to the company. As a result, a penalty of withholding two increments with cumulative effect was imposed on the petitioner. The petitioner filed an appeal against the said order, which was dismissed by the Appellate Authority vide order dated 31.03.1992.;