- (1.) THE writ petitioner by impugning the order of suspension dated March 11, 1988 and also the charge sheet dated 11/i6th April, 1988 being annexure ''e'' and"f" to the writ application presented a writ application on September 28, 1988 when the following order was passed :-" Affidavit-in-Opposition is to be filed within September 30, 1988, reply thereto, if any, is to be filed within October 3, 11988 and the matter will appear as; For Orders on October 3, 1988. "
(2.) THE order of suspension and the charge-sheet read thus:- "to 11-3-88 shri J. Ganguly, accounts Asstt, area Office, Bhowra. Sub : - Suspension from duty you were apprehended on 10. 2. 1988 by C. B. 1. Officers, Dhanbad in connection with the acceptance of illegal gratification from the proprietor of Pintoo Auto Garage, Bowra. You are put under suspension from duty with immediate effect. The charge sheet with specific charges will follow in due course. Sd/- Illegible - General Manager / C. H. F. Bhowra Area. Charge sheet : -In continuation of our letter No. GH/xi/88/3866-69 dated 11/3/88, i hereby require you to explain within 72 hours of the receipt of this charge sheet as to why disciplinary action including your dismissal from the services of the company shall mot be taken for the misconduct committed by you under clause 17 1 (a), (b) and (q) of Model Standing Orders applicable to Bhowra Area Office of BCCL on account of the following charges: that on 10/2/99 you were caught red-handed in your office by sri A. K. Sahay, Inspector of Police SPE, CBI Dhanbad and his team while accepting illegal gratification of Rs. 50/- from Sri Nand Kishore Singh of M/s. Pintoo Auto Electrical Works, Bhowra in connection with giving financial concurrence No. of 3 bills duly passed for payment of Rs. 1794/-, rs. 1135/- Rs. 438/ -.
(3.) THE above charges which are framed under clause 17 1 (a), (b)and (q) of Model Standing Orders are reproduced below :-Model Standing Orders :- 17 1 (a) Theft, fraud, dishonesty in connection with Employers business or property; (b) Taking or giving bride or an illegal graftification whatsoever in connection with the employers business or his own interest; and: (c) Any breach of Mines Set 1952, or any other Act or Rules, regulations or bye-laws there under or of any standing orders of IPC a public servant taking grafication other that legal remuneartion in respect of an official act you will remain suspended from duty pending disposal of the above charge sheet. Sd/- Illegible general Manager/cm. E. BHOWRA Area. ;