Bhaskar Bhattacharya, J. - (1.) By this writ application, the writ petitioner, an employee of the respondents, has challenged the enquiry proceeding and the consequent order of punishment dated 17th/20th June, 1995 being Annexure 'L' to this writ application.
(2.) By the said order it was declared that the charges against the petitioner had been proved and consequently, the petitioner was awarded punishment of stoppage of three annual increment consecutively w.e.f. the increments due on November 1, 1995, November 1, 1996 and November 1, 1997.
(3.) It appears from record that a charge-sheet was issued by the respondent/employer being Annexure 'B' to the instant writ application wherein it was alleged that on 16th January, 1995, although the petitioner was instructed by the Shift Engineer to transfer the Coke Fines from Coke Fine Bunker, but instead of complying with such order, he went to Coal Fines Bunker of P.G.P and after loading the dumper he intentionally struck the dumper in the drain near PGP. According the charge sheet, the company had to engage a number of contractor workers to unload the dumper and the company had also suffered a huge amount of financial loss. In the said charge sheet it was further alleged that in the past the petitioner was given letters alleging misconduct and in view of the aforesaid facts the petitioner was guilty of (a) wilful insubordination or disobedience, whether alone or in combination with others, (b) habitual breach of law applicable to the establishment and (c) habitual negligence or neglect of work.;