- (1.) The petitioner employed as Gangman was placed under suspension by order dated 15.9.1984 issued by the Deputy General Manager, Haldia Dock Complex on allegation of gross misconduct for which disciplinary proceedings were contemplated against him.
(2.) The petitioner was served with a charge-sheet bearing no. Disc/119/374 dated 14.11.1984 issued by the Respondent no. 4 and an enquiry was held against him under Rule 11 of the Calcutta Port Commissioners' Employees' (Discipline and Appeal) Rules, 1964 (hereinafter referred to as to the said Rules) in respect of two charges of gross misconduct viz. (i) misbehavior by rushing towards Sri Kuraram Dutta, Junior Assistant Manager, I & C.F. Division on 14.9.1984 at about 15:55 hrs. and shouting abusive and filthy language at him; and (ii) physically assaulting Sri Kuraram Dutta, Junior Assistant Manager, I & C.F. Division on 14.9.1984 at about 15:55 hrs. being an act subversive of discipline.
(3.) According to the petitioner on receipt of the charge-sheet, he submitted an exculpatory statement denying the charges framed against him. He pleaded that on the date of the alleged incident he was absent on duty and as such the charges framed were baseless and frivolous.;