M K GUHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two Rules which have been heard together are directed against (i) a charge-sheet dated 20th december 1977 and an order of imposition of penalty of Censure dated 14th August 1978 ; (ii) a second chargesheet dated 25th July 1980 and the enquiry proceeding initiated pursuant thereto and (iii) an order of transfer dated 28th July 1980.

(2.) THE petitioner Shri Manindra kumar Guha was appointed on or about 1st of April 1970 by the Fertilizer Corporation of India Limited as Manager (sales) at trombay, Bombay, While in Bombay in april 1971 he was promoted to the next higher post of Regional Manager. He was transferred to Calcutta from Trombay in september 1973 and thereafter in February 1974 he was further transferred to Durgapur from Calcutta, In November 1976 the petitioner was transferred again from durgapur to Calcutta. In December 1977 he was further promoted to the Senior scale of Regional Manager in the pay scale of rs. 1800 to 2250/- which now stands revised at Rs. 1850 to Rs. 2300/- with retrospective effect from 1st July 1974. In September 1978 the petitioner was promoted to the post of Marketing Manager in the scale of pay of Rs. 2050 to 2550/- with effect from 1. 1. 1978. The petitioner now holds the same post. He was assesse and cleared for the said promotion, by the selection Committee of the Corporation to the aforesaid post of Marketing Manager with effect from 1st July 1977 but the effect of his promotion was delayed by a period of six months because of the penal order of Censure passed against him.

(3.) DISCIPLINARY proceedings for minor penalty were initiated against the petitioner the then Regional Manager under rule 22 of the F. C. I. Limited Employees (Conduct, discipline and Appeal) Rules, 1972 in respect of the following charge :-"sri M. K. Guha while functioning as Regional Manager during the year 1971-74 delayed the processing of legal action against M/s Chemfert Traders, Baroda for recovery of the out standing dues of F. C. I. He thus exhibited lack of devotion to duly and thereby violated rule 5 of the Fertilizer corporation of India Employees (Conduct, Discipline and Appeal) Rules, 1972". The charge sheet was issued to the petitioner on 20. 12. 1977 by his then disciplinary authority viz. Chairman and managing Director, Fertilizer Corporation of india Limited.