Mohammad Rafiq, J. - (1.) Under challenge in this appeal is the judgment of the learned Single Judge dated 27.4.2007, whereby the writ petition filed by the appellant against the order of the respondents, accepting his resignation was dismissed. The appellant joined the services of the respondents on 21.3.1990 having been appointed as Manager (Production) on probation for a period of two years. Initially, the period of his probation was extended in three spells for a period of one year, but ultimately his services were confirmed w.e.f. 21.9.1993. The appellant was eventually promoted on the post of Senior Manager (Technical) with effect from 3.2.2005. He was entrusted with the additional charge of General Manager (Works), Sambhar with effect from 10.1.2006.
(2.) Bone of contention between the parties is about the production figures which according to the respondents were manipulated by the appellant so much so that the Chief Vigilance Officer after inspection of Sambhar Salts Ltd. at Sambhar on 17.3.2006 advised the Chairman & Managing Director (for short -CMD) of the company by his confidential letter dated 21.3.2006 that the appellant was involved in the anti management activities and was planning to manipulate the production figures on a lower side with a view to show shown the position of the company and its CMD. According to respondents, appellant deliberately delayed submission of figures related to production and work in progress (for short -W.I.P.) as on 31.3.2006, despite repeated tale communications by the corporate office. Ultimately, when he submitted such figures, he intentionally lowered down the figures of W.I.P. and submitted the figures much less than the actual figures, directly to the Board of Directors, falsely alleging that he was being pressurized by the corporate office to make the artificial entries so as to show higher figures of W.I.P. He while submitting the performance report of the company on 3.4.2006 also submitted his resignation with the complaint that he was being forced to submit false figures. On receipt of resignation and complaint dated 3.4.06, the Joint Secretary, Government of India, Ministry of Heavy Industries & Public Enterprises. Department of Heavy Industry, New Delhi by his letter dated 3.4.06 constituted a committee comprising of Head of Finance and the Vigilance Officer of the Company to send the factual position. The CMD was also advised not to presently take any action on the resignation letter, till the matter was further examined. The said committee submitted its report on 6.4.2006 inter alia observing that the performance figures of Pan Edges and W.I.P. are prepared by the respective Circle Officers and the figures advised by the appellant are on much lower side and as per observations of the technical expert, the W.I.P. is also considered on lower side by 20000 MT to 250000 MT. The Joint Secretary, Government of India on receipt of the report of the committee, advised the CMD to take action in the matter of resignation submitted by the appellant as per the relevant rules. The CMD by his order dated 19.4.06 accepted the resignation of the appellant with effect from afternoon of that day and directed him to be relieved accordingly.
(3.) We have heard the learned counsel for the parties at length.;