Sunil Ambwani, J. - (1.) Heard Sri Raj Kumar Jain for petitioner and Sri V.R. Agarwal for respondent-corporation.
(2.) Brief facts giving rise to this writ petition are that petitioner is serving as Technician-II (General Fitter) in Mechanical Maintenance of Mathura Refinery, Mathura of Indian Oil Corporation Ltd. On 6.9.2003, a steep pressure drop occurred in Mathura Tundla Pipeline which indicated a substantial leakage of petroleum product from the pipeline. This led to shutdown of the pipeline. Following investigation of the cause of the leak, with police assistance, around 1810 hrs. on 6.9.2003 the petitioner was caught stealing diesel from the pipeline and was arrested by the police at Dhama Sthal, Jangal Gram, Aganpura in a field occupied by the petitioner through which a Section of pipeline was passing. It was found that a hole was drilled in the pipeline and a valve had been fitted to the pipeline through the hole, with a long hose attached to the gate valve, for stealing petroleum product from the pipeline. To hide these fittings, a concrete cover with a lid in the nature of a manhole had been erected which indicated the existence of a properly planned and executed project for stealing product from the pipeline. Hosepipes, drums, gerry cans along with tools recovered at the site and the petitioner was caught and arrested by the police. A tank lorry and a motorcycle bearing registration No. U.P. 85J 5088 which is registered in the name of petitioner were also found at the site and the same were seized by the police. It was found that the petitioner had erected a concrete block covered with RCC ring. A valve along with the flange was found mounted over the pipeline and a six mm. dia bore was found on the pipeline.
(3.) A Criminal Case No. 91/2003 under Section 379/411 of IPC was registered against the petitioner on the same date at 18.10 hours. The police reported that they found petitioner stealing the petroleum products from the pipeline and the aforesaid implements. The police also recovered the motorcycle. The police informed the officers of the Mathura Refinery about the arrest of the petitioner and he was sent to Jail on 6.9.2003. It is contended that petitioner released after about three weeks. On 9.9.2003, the Corporation placed petitioner under suspension. In this writ petition petitioner is challenging an order dated 14.11.2003, by which petitioner has been charge-sheeted and suspended by the Chief Maintenance Manager of the Mathura Refinery.;