Sudhir Agarwal, J. - (1.) These two appeals arise out of the same judgment dated 28.1.2004 passed by Hon'ble Single Judge in writ petition no. 55148 of 2002 and, therefore, as requested by the learned counsel for the parties, have been heard together and are being decided by this common judgment.
(2.) Special Appeal No. 184 of 2004 has been filed by the National Thermal Power Corporation--respondents in Civil Misc. Writ Petition No. 55148 of 2002 (hereinafter referred to as the appellant/ NTPC) aggrieved by the aforesaid judgment, insofar as the writ petition has been allowed and the order of dismissal passed against the petitioner respondent has been set aside. Special Appeal No. 305 of 2004 has been filed by Gurucharan Singh--petitioner of writ petition no. 55148 of 2002 (hereinafter referred to as the petitioner/employee) against the aforesaid judgment of Hon'ble Single Judge and is confined to the extent the Hon'ble Single Judge has relegated the matter to the disciplinary authority for holding a fresh inquiry from the stage of close of management's witnesses. He has further prayed for quashing of the entire proceedings inasmuch as, there was no occasion to subject him for disciplinary inquiry again.
(3.) The factual matrix in brief is as under: The petitioner/employee, Gurucharan Singh was appointed on 23.7.1986 as Diesel Mechanic Grade-3 at Rihand Super Thermal Power Project owned by National Thermal Power Corporation (hereinafter referred to as 'NTPC'). He was transferred on 11.11.1991 and posted at Ash Handling Plant, National Capital Power Station, Vidyut Nagar, District Gautam Budh Nagar. A branch of Delhi Public School (hereinafter referred to as "the School') is being run at Vidyut Nagar wherein Smt. Indira Chaturvedi, the wife of Sri A.C. Chaturvedi, Assistant General Manager (HR) NTPC (respondent no. 5) is also working as teacher. The Principal of the aforesaid school made a complaint that on 27.10.1998 the petitioner/employee used abusive language over telephone to Mrs. Chitra Venkat, P.A. to Principal of the School while asking her to transfer the call to Sri S.P. Juneja, Principal and when the call was finally transferred to the Principal, Sri Gurucharan Singh abused the Principal also using filthy language. Subsequently, on the same day at about 2.00 p.m. he misbehaved with Miss Simmi Arora, a teacher of the aforesaid School by abusing her in front of several staff members. Thereafter, respondent no. 5 also lodged an FIR under Sections 279, 338 and 307 IPC at Police Station Jarcha, being case crime no. 99 of 1998 alleging that on 30.10.1998 when he alongwith his wife was crossing the road, the petitioner/employee who was present in a shopping center came out, started his scooter with high accelerator and collided the same with him with great speed whereupon respondent no. 5 fell on the road and temporarily lost his consciousness. Complaint of the said incident was also made to the higher authorities. Ultimately, the petitioner/employee was suspended vide order dated 31.10.1998, by the Deputy General Manager (AHP). A charge sheet dated 5.11.1998 was issued to the petitioner/employee containing the allegations of absence from duty without prior permission on 30.10.1998, negligence on duty and absconding from work spot on 30.10.1998, assaulting and causing serious injury to respondent no. 5 in Company's Estate, riotous, disorderly and indecent behaviour within the premises of the company adversely affecting the work and discipline, habitual breach of standing orders, refusal to accept communication from the Management and violation of paragraphs 26 (6), (8), (11), (12), (24), (50) and (63) of the standing orders.;