- (1.) THIS Rule is directed against an order of dismissal of the petitioner from the service of the National textile Corporation (A Govt. Undertakingi)having its registered office at 7, Jawaharlal nehru Road, Calcutta-13. It appears that the petitioner was appointed as Calendeing-in-charge in the National Textile Corporation Ltd. on or about 20th July, 1973. The petitioner was suspended on 31st May, 1976 for acting in a manner detrimental to the organisation by purchasing materials at a higher price and also some other mal practices. The letter dated 31st May, 1976 itself contained the charge as hereinbefore stated to which the petitioner gave explanation.
(2.) IT appears thereafter that an enquiry was conducted by Sri D. K. Set who was appointed as Enquiry Officer. The enquiry report is annexed to the affidavit in-opposition filed by the Company being annexure "c". The order dated 31st May, 1976 is as follows : "shri S. N. Banerjee, Calendering incharge, Arati Cotton Mills is hereby directed to show cause why disciplinary action will not be taken against him for purchasing stores materials like saicotex etc. at a price higher than the market price and also for not stopping using such materials inspite of instruction given by the officers of the N. T. C. / purchase Division. Explanation of Shri Banerjee should reach the undersigned within 7 days from the date of issue. For acting in a manner detrimental to the organisation by purchasing materials at a higher price and also some other mal practices Shri S. N. Banerjee, arati Cotton Mills is placed under suspension with immediate effect pending enquiry and disposal of findings. He will however be entitled to the subsistence allowances as admissible during the period of suspension. Sd/- S. N. Mukherjee manager (Administration)"
(3.) ON the basis of the said order the enquiry was initiated. The Enquiry Officer in his report has made three charges as ; Purchased Store Materials like Saicotex etc. at a price higher than the market price. Non-stopping of use of such materials inspite of instructions given by the officers of the N. T. C. , Purchase division. (3) Other Mal practices.;