- (1.) Heard learned counsel for the parties.
(2.) Wife, daughter and son of the deceased Shri N.R. Dhariwal have challenged the order dated 08.6.2000 whereby late Shri N.R. Dhariwal was subjected to punishment of reduction in his basic pay from 9,900/- to 7,500/- minimum of the scale plus Rs. 600/- (Personal pay), copy of the order is annexure/1.
(3.) On 01.11.99 in memorandum of the charge served upon Shri Dhariwal informing him that Director, Mining Operation of the respondent Hindustan Zinc Limited proposed to hold enquiry against late Shri Dhariwal who was then holding a post of Senior Manager (Planning)/Jawar Mines. The inquiry was initiated under Rule 7 of the Disciplinary Appeal Rules of Hindustan Zinc Limited. The statement of articles of charge framed against Shri Dhariwal is as under: On 09.7.99 Shri N.R. Dhariwal, Sr. Manager (Planning) got loaded three pieces of wire rope approximately 60 mtrs. and one number wadge crusher place of 5? feet length approximately between 3.30 PM to 4 PM unauthorisedly in Jeep No. RJ-27 C 1746. Thereafter Shri Dhariwal approached Shri P.C. Verma, Sr. Manager (M) for signature in the gate pass. This was refused and he requested him to get permission of higher authority in this regard. Shri Dhariwal then requested to driver of the vehicle to drive the loaded vehicle upto Zawar Mala. This was also refused. Thereafter Shri Dhariwal drove the No. RJ-27 C 1746 by himself with another key, and approached Mochia Gate for going out along with loaded material. The CISF constable on duty did not allow the material to pass through Mochia Gate. At that point of time, he produced a non-returnable Material Gate Pass No. 001405 dated 09.7.99, which was also signed by him. As per CISF list Shri Dhariwal is not authorised to sign on such gate pass. The CISF staff also confirmed that three pieces of wire rope approximately 60 mtrs. and one number wadge crushed plate of 5? feet length approximately way lying inside the Jeep. These are in violation of Conduct Rules clauses 29(i), (v), (xx), (xxii) and ()xxiii). ;