Decided on December 08,1995

A.K. SAXENA Appellant
UNION OF INDIA (UOI) Respondents


B.P. Banerjee, J. - (1.)In this writ application, the Petitioner had, inter alia, challenged the order passed by H. Pandey, Deputy General Manager (P & A), Engineering Projects (India) Limited, a Government of India Undertaking. By the said order, the Petitioner's representation, October 24, 1986, regarding adverse remarks made against him in the Annual Appraisal for the year ending December 31, 1985.
(2.)The facts of this case is that the Petitioner joined the service on December 1, 1978, as Stores -in -Charge and was posted at New Delhi and thereafter transferred to Assam in connection with the Project of Engineering Projects (India)' Limited at Bongaigaon Thermal Power Project and remained posted there for about 41/2 years. Thereafter, in 1983, he was transferred to Dehradun in connection with the Calcium Carbide Project of the said Company and he remained there for about three years. Thereafter, he was transferred to the' Coal Handling Project at Kolaghat Thermal Power Project Stage -II in the District of Midnapore, West Bengal.
(3.)According to the Petitioner, from the very inception of the joining duties till the date of the filing writ application, he had rendered dedicated and efficient service to the said concern. It is stated that one of the officials of the Engineering Project (India) Ltd., namely Mr. J. Mohanty, Respondent No. 4, had built up unreasonably a personal enmity with the Petitioner and out of mala fide acts and malice on the part of the said Mr. Mohanty, as the Petitioner was an active member of the Trade Union and thereafter by a Memo, dated January 16, 1986, the said Shri Mohanty informed Sri N.K. Dutta, General Manager, Calcutta, under the subject of insubordination on the part of Sri Saxena, Store Keeper, Grade -I, at the Dehradun site and in the said Memo, it was inter alia stated as follows:
...in order to maintain discipline at site, exemplary action may be taken against Shri Saxena. Further it is suggested that a transfer from the site to a foreign assignment will not serve as any punishment, as such the proposed foreign assignment may be got cancelled, in view of his insubordination and doubtful integrity (there is a pending case against him for loss of valuable store items).


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