Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 20.9.1984, passed, by the Senior Manager (T.L.X.), dismissing the petitioner from service and the order dismissing the appeal against the aforesaid decision communicated to the petitioner by letter dated 22.11.1984.
(2.) The facts in brief are that the petitioner was working as permanent Senior Drafts Man in Bharat Heavy Electricals (India) Ltd., Ranipur, Hardwar, district Saharanpur (hereinafter referred to as the project). The disciplinary proceedings were taken against him on certain-charges. He was served with four charge sheets. In charge sheet dated 1.9.1981, it was alleged that the petitioner connived with a co-worker and issued fictitious receipts amounting to Rs. 1800/- mentioned in the said charge sheet. The second charge sheet dated 12.9.1981 indicated that the petitioner submitted false L.T.C. claim amounting to Rs. 2,865/- in respect of his visit with family to Gulmarg. The third charge sheet dated 26.10.1981 was to the effect that the petitioner did not disclose the facts about crime case No. 633 under Section 420 of the Indian Penal Code filed and proceeded against him in the Court of Munsif, Hardwar although he was required to do so under the instructions of the Manager. The fourth charge sheet dated 26.10.1981 was issued stating that the petitioner drew vehicle advance amount to Rs. 3,000/- in February, 1977 and again Rs. 4,000/- in April, 1981 but he neither submitted relevant documents nor refunded the advance and continued to keep the company's money in an unauthorised way.
(3.) The petitioner was proceeded with the charge sheet dated 12th September, 1981. The Disciplinary Authority appointed Sri. S.N. Mukhrji as , Inquiry Officer. The petitioner was given an opportunity by the Inquiry Officer. Sri S.N. Mukerji, the Inquiry Officer submitted report dated 3rd April, 1982 that the prosecution failed to prove that the family members of the delinquent Officer did not travel by taxi No. UTL-5617 during the period of alleged travel from 28.2.1980 to 7.3.1980. The Disciplinary Authority found that there was missing links. Sri S.N. Mukherji, the Inquiry Officer who had submitted the report was directed to reinquire into the charges. Sri S.N. Mukherji wrote a letter that he had already resigned from the service of the company and it would be appropriate that another Inquiry Officer be appointed. After he submitted the letter, the General Manager appointed Sri S.K. Khazanchi as Inquiry Officer. The petitioner was provided with the details of the missing links and additional facts vids Setter dated 9.5.1984, a copy of which has been enclosed as Annexure- C.A. 3 to the counter affidavit. The Inquiry Officer Sri Khazanchi sent 15 notices to the petitioner on different dates but the petitioner remained absent. The Inquiry Officer submitted detailed report dated 7.8.1984 stating therein that the petitioner had not undertaken any journey from Hardwar to Gulmarg and vice versa and the L.T.C. claim submitted by him was fake. He was guilty of charges of fraud/dishonesty. The Disciplinary Authority passed an order on 20.9.1984 dismissing the petitioner from service. The petitioner preferred an appeal before the Appellate Authority and the appeal was also dismissed on 9.10.1984. These orders are being challenged in the present writ petition.;