Binod Kumar Roy, Lakshmi Bihari, JJ. - (1.) Despite service of notice by Registered Post Respondent No. 4 Sri V.K. Sharma, the Managing Director of respondent No. 1 the U.P. State Textile Corporation Limited (hereinafter referred to as the Corporation), who was the Enquiry Officer in the disciplinary proceeding initiated against the petitioner, has not appeared, and even though this writ petition is yet to be admitted, since affidavits have been exchanged, as requested by the learned counsel for both sides during further hearing on 31.8.2001, we proceed to dispose it of on Its merit at the admission stage itself.
(2.) The petitioner, Manager (Electrical and Mechanical) of the Corporation, who was earlier suspended and later on dismissed, has come up with following prayers : (i) to quash the entire departmental proceedings Initiated against him culminating in the order dated 12.7.1993 passed by respondent No. 3--the Managing Director of the Corporation (as contained in Annexure-24) dismissing the petitioner after holding in agreement with the findings of the Enquiry Officer (as contained in Annexure-21) that since very serious charges of misconduct is proved, he is liable for major and deterrent punishment of dismissal, and the appellate order dated 31.12.1993 dismissing his appeal passed by Chairman of the Corporation (respondent No. 2) as contained in Annexure-27. (ii) to command the Respondents to continue his functioning and to pay his regular monthly salary and allowances including arrears of salary from 1.7.1992 till date. (iii) to award costs. 2-A. Through an application dated 18th July, 2001, he came up with a further prayer, namely, to direct the respondents in the interest of justice to consider his case for voluntary retirement as he has become about 56 years old subject to decision of the writ petition in view of the fact that the Corporation is in the process of winding up and had even closed two of its Mills at Jhansi and Sandeela, and all the employees working in its Head Office have been given an option to retire under a voluntary retirement scheme.
(3.) Let us start with the background of the suspension order of the petitioner. On an undated complaint made against the petitioner by one Hanuman Prasad, who had not even disclosed his designation and address therein, which was addressed to the Chief Secretary of the State with copy of the Chairman of the Corporation, the Managing Director of the Corporation Sri Radhey Shyam vide his confidential letter dated 2.5.1992 attaching its copy (Annexure-9) asked the petitioner for his comments. The petitioner submitted his comments dated 27.5.1992 (Annexure-10). Thereafter his suspension order (Annexure-11) was passed by the Managing Director on 30.6.1992 which reads thus : Order "Shri P.C. Chaturvedi, Manager (Electrical and Mechanical). UPSTC is hereby suspended pending enquiry with immediate effect for certain acts and omissions committed by him in discharge of his official duties in regard to electrical and mechanical work relating to VASTRA BHAWAN. The disciplinary proceedings are contemplated against on the said aspect. Shri V.K. Sharma, Managing Director, U.P. State Yarn Co. Ltd., is appointed as Enquiry Officer to enquire into the charges for which a formal charge-sheet will follow within a week's time. Shri P.C. Chaturvedi is hereby directed to report daily at 10.30 a.m. in the office of the Joint Managing Director, UPSTC, Shri H.N. Singh for making attendance in a separate register and receive official communication, if any, during suspension period. During suspension period, Shri Chaturvedi will be entitled to subsistence allowance as per provisions contained in UPSTC Conduct, Control and Disciplinary Rules, 1992. Sd/. (Radhey Shyam) Managing Director.";