M.Y. Eqbal, J. - (1.) In this writ application the petitioner has prayed for quashing the order dated 9.2.1993 passed by respondent No. 3 Director (Production) Heavy Machines Building Plant, H.E.C. Ltd. Ranchi imposing punishment upon the petitioner of his removal from service on the basis of charges proved in a departmental proceeding and also the order dated 17.11.1994 passed by the Appellate Authority in a departmental appeal filed by the petitioner.
(2.) Petitioner was in the service of respondent Heavy Engineering Corporation as Store -keeper Grade I. In 1992, he was served with a memo of charges dated 13.5.1992 alleging inter alia that petitioner while working as a Store -keeper fraudulently issued materials (steel plants) to M/s. Ranjai Tools an ancillary unit at Tupudana. He also prepared fraudulent gate pass in connivance with the said firm and its authorized representative Sri R.N. Jha. Further, charges were that he did not make proper entries in the material accounting records of the store and caused loss of Rs. 1 lakh by reason of his irregular and dishonest service. Petitioner submitted his reply to the said charges. The reply submitted by the petitioner was found unacceptable and therefore by letter dated 7.9,1992 it was decided to hold a departmental inquiry against the charges and an inquiry officer to that effect was appointed. The Inquiry Officer after holding an inquiry submitted his inquiry report to the effect that the charges have been proved. On the basis of inquiry report the concerned respondent as the disciplinary authority issued office order dated 9.2.1993 imposing punishment on the petitioner of his removal from service. On receipt of the communication petitioner by letter dated 11.5.1993 requested the respondents to supply copy of the finding of the inquiry officer as the same was not supplied till date. In response to the said letter respondents by letter dated 19.5.1993 supplied copy of the inquiry report. Petitioner then preferred appeal before the Chairman -cum -Managing Director, H.E.C. Ltd. who is the appellate authority. The Appellate Authority rejected the appeal. Hence, this writ petition.
(3.) Mr. P.K. Prasad, learned counsel for the petitioner assailed the impugned order of punishment as being illegal and violative of principle of natural justice. Learned counsel submitted that the presenting officer neither produced any witness nor produced any document in support of charges but the Inquiry Officer on erroneous assumption that those charges were admitted by the petitioner submitted his report holding that charges have been proved. Learned counsel submitted that the disciplinary authority and the Inquiry Officer have relied upon various documents without supplying it to the petitioner which shows that there is gross violation of principle of natural justice. According to the learned counsel when the reply to the charges was not found acceptable to the respondents, a disciplinary proceeding was initiated then how the disciplinary authority could have held the petitioner guilty of charges without taking the evidence in the inquiry proceeding and without recording a positive finding.;