C. K. Thakker, J. - (1.) Civil Appeal No. 4544 of 2005 is directed against the judgment and order passed by the Division Bench of the High Court of Calcutta on February 6, 2004 in FMA No. 3093 of 2002 confirming the judgment and order passed by the learned single Judge on July 9, 2002 in Writ Petition No. 10667 (W) of 1999.
(2.) Writ Petition No. 703 of 2004 is instituted by the petitioner in this Court under Article 32 of the Constitution challenging the validity of Clause (vi) of Standing Order 20 of the Certified Standing Orders of the Indian Oil Corporation Ltd.- respondent herein being arbitrary and against the principles of natural justice.
(3.) To appreciate the controversy raised in the matters, relevant facts may be stated in brief. The appellant in Civil Appeal No. 4544 of 2005 (petitioner in Writ Petition No. 703 of 2004) joined the service of Indian Oil Corporation (Corporation for short) at Haldia Refinery in 1973. He was a senior officer of the Corporation. He asserted that all throughout, his service record was good and satisfactory. He was sincere and efficient and has worked with dedication. At several occasions, he received appreciation for his work. There was no grievance or complaint by the authorities and he continued to be a devoted employee of the Corporation. It was, no doubt, stated that in 1987, a charge sheet was issued against him but according to the appellant, subsequently, the Corporation was satisfied on the explanation submitted by the appellant that there was no substance in the allegations and the same was, therefore, withdrawn. On 11th March, 1988, the appellant was promoted as Operator A, Special Grade. It is the case of the appellant that his next door neighbour was one Mrs. Parul Jana, who was Sister-in-Charge in the Refinery Hospital at Haldia. Parul Jana was treating the appellant as her brother. The relationship between both the families was close and cordial and whenever necessary, Parul Jana used to call the appellant as one of her family members. Parul Jana suddenly developed heart problem in May, 1999. She was, therefore, required to be admitted for treatment in Apollo Hospital, Madras. At late night hours on 5th May, 1999, two sons of Parul Jana rushed to the appellant in grave anxiety and informed him that they failed to get positive information about their mother and they were extremely worried. They, therefore, requested the appellant to extend his helping hand to get proper information about the health of their mother. The appellant advised them to go to the Refinery Hospital. Since the Refinery Hospital, Haldia had referred the case of Parul Jana to Apollo Hospital, Madras, they would be able to get information from Haldia Hospital. Sons of Parul Jana requested the appellant to accompany them to the hospital. The appellant being an employee and well-known for his work in the hospital, could not refuse the reasonable request of two persons and accordingly accompanied them. On reaching the hospital, they found the office of the Chief Medical Officer, Dr. Bhattacharya, open and he was also available. According to the appellant, two sons of Parul Jana approached Dr. Bhattacharya and requested him to give information about their mother who was ailing and admitted to Apollo Hospital, Madras. Dr. Bhattacharya said nothing in spite of repeated requests by sons of Parul Jana. On the contrary, Dr. Bhattacharya without any reason, flared up and told them that he was not supposed to provide information about Parul Jana to anyone and everyone. When sons of Parul Jana insisted to have information from Dr. Bhattacharya, the latter told them that they should not worry about their mother and in the event of her death, the Corporation would arrange to bring the dead body from Apollo Hospital, Madras to Haldia and the body would be handed over to the sons. According to the appellant, he continued to be a silent spectator all throughout. Sons of Parul Jana were seriously shocked and disturbed on such statement being made and they raised objection against the behaviour of Dr. Bhattacharya. Dr. Bhattacharya called several persons in the hospital and directed them to throw all persons including the appellant out of the hospital premises. Sons of Parul Jana could not control themselves. The appellant was also not spared. Being a heart patient and already had undergone heart surgery, he was very much upset as outsiders brought by Dr. Bhattacharya started pushing and dragging the persons including the appellant and sons of Parul Jana out of the hospital. The appellant was bewildered and motionless for some time. The appellant apprehended that Dr. Bhattacharya would create a situation which may adversely affect appellants health. There was heated exchange of words which resulted in commotion. There was scuffle on the arrival of outsiders and two sons of Parul Jana out of hospital premises. The appellant immediately contacted the General Manager (Projects) and requested him to help to control the situation. When the General Manager reached the hospital, the appellant explained the situation to him. The General Manager also met Dr. Bhattacharya to get true and correct facts as to how the incident had happened. The General Manager then advised the appellant to go back. Immediately, the appellant left the hospital. In the entire incident, asserted the appellant, save and except accompanying sons of Parul Jana, he did nothing. He was not involved in the incident in any manner whatsoever. It was the Chief Medical Officer, who alone was responsible for the entire unfortunate situation. He also inflicted injuries on two sons of Parul Jana. Dr. Bhattacharya, however, cooked up a false case against the appellant alleging that the appellant had assaulted and injured him. On 6th May, 1999, i.e. on the next day, the Chief Medical Officer, Dr. Bhattacharya reported to the management that at the late night hours of 5th May, 1999, the appellant led by a bunch of hooligans had visited the hospital, assaulted him, i.e. Dr. Bhattacharya and abused and threatened other officers. On the basis of the said complaint, on the same day, i.e., on 6th May, 1999, the General Manager of the Corporation dismissed the appellant for allegedly assaulting the Chief Medical Officer. No notice was issued, no explanation was sought, no charge sheet was filed, no disciplinary enquiry was instituted and no opportunity of hearing was afforded to the appellant. It was stated that in the interest of security of Refinery, the General Manager had to take firm action immediately. Criminal proceedings were also initiated and a criminal case was filed against the appellant for offences punishable under Sections 147, 149, 341, 323 and 506 of the Indian Penal Code. The General Secretary of Haldia Refinery Employees Union objected to unlawful and arbitrary dismissal of the appellant and wrote a letter to the Corporation requesting it to reinstate the appellant. No positive action, however, was taken by the Corporation. In the circumstances, the appellant was constrained to approach the High Court of Calcutta by filing a Writ Petition on May 12, 1999. On May 13, 1999, the learned single Judge, in view of the urgency of the matter, dispensed with the requirement of Writ Rules, took up the matter for admission-hearing and directed the appellant to serve copies of the writ petition along with annexures upon all respondents within a week and to file affidavit of service on the next returnable date which was fixed as 28th June, 1999. Ex parte ad-interim relief was also granted till June 30, 1999. Being aggrieved by the order passed by the learned single Judge granting ex parte ad-interim relief, the Corporation approached the Division Bench and the Division Bench by an order dated June 22, 1999 set aside the order passed by the learned single Judge. According to the Division Bench, in the facts and circumstances of the case, it was not proper for the learned single Judge to have passed ex parte ad-interim order. The appeal was accordingly disposed of. So far as criminal case is concerned, the learned Judicial Magistrate before whom the case was placed for hearing disposed it of on 5th April, 2002 and the appellant was acquitted. The Writ Petition came up for hearing before the learned single Judge who dismissed it on July 9, 2002. The appellant preferred an appeal before the Division Bench against the order passed by the learned single Judge which, as stated above, came to be dismissed by the Division Bench. Against the said order, the appellant had approached this Court by filing Special Leave Petition on May 17, 2004.;