- (1.) HIS appeal has been filed by S. N. Singh against the judgment of the learned Single Judge dated August 5, 1982.
(2.) S. N. Singh was employed in the Rajasthan Atomic Power Project, Rawat Bhata, Kota. On December 11, 1974, he along with several others, took out a procession shouting "enklab Zindabad, CITU Zindabad, Raju Zindabad, Project Allowance Katoti Vapaslo, Kala Adhyadesh Vapaslo. " An enquiry was initiated against the appellant and others for having participated in the act of indiscipline which amounted to misconduct. The Enquiry Officer found the charges established which were as follows: "article -- I That the said Shri S. N. Singh, T/man 'd'o and M Section led a procession of employees on 11th December, 1974 at about 1200 Mrs. from near the Switchyard to Old Administration Block shouting slogans. Shri S. N. Singh is, therefore, charged for leading a procession and shouting slogans thereby causing disturbance in the working of other sections in the plant side which is a prohibited/protected place. Article -- II That the said Shri S. N. Singh on December 11, 1974 actively participated in staging demonstration and slogan shouting between Old Administration Building No. 1 and 2 from about 1215 Hrs. , to 1245 Hrs. in defiance of Project Circular No. RAPP/04600/ 74/s/284 dated December 10, 1974. This misconduct becomes grave as the demonstration and slogan shouting was led in the plant site which is a prohibited/protected place. Shri S. N. Singh is, therefore, charged for actively participating and playing a leading role in staging demonstration and shouting slogans between Administration Building No. 1 and 2 which not only caused disturbance in the working of other sections but is also highly subversive of discipline. "
(3.) THEREAFTER a notice was issued by the Disciplinary Authority. The appellant submitted a reply to the same. Being not satisfied with the reply to the show cause notice, the disciplinary authority, the Chief Engineer, who was the disciplinary authority, recorded:- "and WHEREAS the undersigned has come to the conclusion that the charges framed against Shri S. N. Singh, vide Memorandum No. RAPP/04627/74/admn/ E/221/ S/471 dated December 14, 1974 are conclusively proved and that the charge framed against him vide Memorandum No. RAPP/ 04627/74/admn. /c/192/s/473 dated December 14, 1974 is also proved. AND WHEREAS the undersigned has also perused the past record which in no way mitigates the gravity of misconduct for which Shri S. N. Singh was charge sheeted vide Memorandum No. RAPP/04627/74/admn. / E/221/s/471 dated December 14, 1974 and No. RAPP/04627/74/c/192/473 dated December 14, 1974 severally and jointly on the charges. AND NOW therefore, the undersigned hereby orders dismissal of Shri S. N. Singh from service with immediate effect. " His past record, in no way mitigated the gravity of misconduct, for dismissal of the appellant. ";