R.M. Sahai, J. - (1.) In this petition directed against order of removal from service of an official of Oil and Natural Gas Commission, the principal attack on validity of the order was omission to give a second opportunity to show cause on proposed punishment under regulation 37(4)(a) as it stood when inquiry commenced. But what turned out to be of greater or better consequences for petitioner was the failure both of punishing and appellate authority to appreciate that the provision for major and minor penalties in regulation and award of either for good and sufficient reasons required application of mind.
(2.) Since opposite parties have chosen not to put in appearance despite service, the petition is being disposed of finally, on unrebutted averment in writ petition at admission stage under Chapter XXII, Rule 2 of Rules of Court.
(3.) Taking up the first question namely if the order is bad for failure to afford what was popularly known as second opportunity it appears regulation 36(4)(a) of the Oil and Natural Gas Commission (Conduct, Dispute and Appeal) Regulation (hereinafter referred to as regulation) which incorporated provision for an opportunity to show cause against proposed punishment was amended in July, 1985 and the Disciplinary Authority was empowered to impose any of the major penalty on the evidence adduced during inquiry without giving the employee any further opportunity, to make representation. But what was vehemently urged was that formal inquiry against petitioner having commenced in March, 1984 he had a vested right of inquiry and punishment in accordance with regulations as they stood on that date. Reliance was placed on Workmen v. Firestone Rubber Co. Ltd., (1973) 1 SCC 813. From inquiry report it is clear that it was completed in June, 1985. But when was it submitted to Disciplinary Authority is not known. The order of removal, however, was passed in September, 1985. In absence of any material it has to be assumed that the report must have been submitted after July, 1985. An employee have a valuable right to continue in service unless he is removed under the rule which are not opposed to public policy and are not violative of Article 14 of the Constitution. Regulations 34 to 38 deal in detail with major and minor penalty, the procedure to be followed and the manner in which penalties can be imposed. Regulation 37 deals with action on Inquiry report. Its sub-rule 4(a) dealt with second opportunity. This was taken away obviously to bring the regulation in line with constitutional amendment of Article 311. It is neither opposed to public policy nor it is violative of Article 14. The right of an employee under regulations to continue in service unless removed in accordance with law remained untouched. The ratio in the Supreme Court decision is not of much assistance. It related to interpretation of Section 11-A added to Industrial Disputes Act, 1947 which abridged rights of employees and gave power to Tribunal to differ both on the findings of misconduct and proposed punishment. The Hon'ble Court held that the amendment did not apply to disputes already referred. The employer under the unamended Act had a vested right under law to record finding of misconduct and award punishment. This right vested in them on the date the dispute was referred for adjudication. In absence of any expression provided in the Act this right could not be curtailed. The petitioner's right, however, did not extent beyond what was provided by regulations. And that has not been curtailed in any manner. Giving of notice to show cause against proposed punishment pertained to procedure only. Apart from it the inquiry report appears to have been submitted after regulation had been amended. Therefore, the date on which order was passed it was the amended regulation which could apply. The proceedings before punishing authority having commenced and terminated both under amended regulations, the petitioner could not claim that the order was bad because no second opportunity was afforded as contemplated in regulation 37(4)(a) as it stood prior to July, 1985.;