- (1.) Heard the learned counsel for the petitioners as well as learned counsel for the State. Perused the papers.
(2.) The petitioners, by way of the present petition under Article 226 of the Constitution of India, have prayed for issuance of an appropriate writ/order/ direction for quashing and setting aside the order passed by the disciplinary authority, dated 26.06.2004 (Annexure-9 series), whereby it was decided to impose the penalty of reduction of basic pay by one stage in existing scale of pay for a period of six months without cumulative effect in respect of all the petitioners and the order passed by the appellate authority, dated 4/7.9.2004 (Annexure-11 series), whereby the appeal preferred by the petitioners have also been rejected. The petitioners have also prayed that their cases for future promotion may be considered by the respondents and for that necessary direction may be given to the respondents-authorities to consider the cases of the petitioners for the next higher promotion, as and when, it has become due.
(3.) The learned counsel for the petitioners submitted that the petitioners have been given charge-sheet vide Annexure-2 series for having committed misconduct under Clause 38 (ii) sub-clause (a) of the Standing Orders of the respondent-Company. The petitioners have submitted their explanation during the course of enquiry conducted by the inquiry officer and after considering the explanations submitted by the present petitioners, the Inquiry Committee submitted its report. It is further submitted that the Inquiry committee has arrived at the conclusion that the charges levelled against the petitioners are not proved and the Committee, therefore, hold all the four charge-sheeted employees, not guilty. It is further submitted that despite favourable findings given by the inquiry authority, the disciplinary authority vide Annexure-7, differed with the findings given by the inquiry authority and issued show cause notice to the petitioners for submitting explanation, if any. Thereafter, the petitioners submitted their explanations and the disciplinary authority vide Annexure 9/1 series, passed an order regarding imposition of penalty of reduction of basic pay by one stage in the existing scale of pay for a period of six months without cumulative effect in respect of the petitioners. It is further submitted that being aggrieved with the said decision, the petitioners have preferred an appeal before the appellate authority but the appellate authority also rejected the appeal filed by the present petitioners vide Annexure-11 series. It is further submitted that though the said orders have been passed inflicting punishment in the year 2004 for a limited period and without cumulative effect, even then subsequent thereto, the cases of the petitioners have not been considered for higher promotion and therefore, necessary direction may be issued to the respondents.;