APARESH KUMAR SINGH, J. - (1.) HEARD counsel for the parties.
(2.) THE punishment of withholding of two increments coupled with censure and warning has been being imposed upon the petitioner by order dated 27.8.1992 passed by the respondent no.3, Chairman, Board of Governors, National Institute of Foundry and Forge Technology, vide Annexure - 17 to the writ petition. Apart from that by the impugned order it has been held that the petitioner will not be entitled to salary for the period of suspension and the said period will be treated as punishment for all purposes and will not be treated as period spent on duty. The petitioner was working as an Administrative officer in respondent National Institute of Foundry and Forge Technology (hereinafter referred to as "NIFFT"). He was proceeded on the basis of a chargesheet alleging misconduct, vide Annexure 3 dated 26.4.1991, which was preceded by a show cause notice dated 11.2.1991 alleging violation of "NIFFT Employee's (Conduct) Rules" No.3(a) and Rule No.11 for having failed to maintain his integrity and passing wrong information without any authority to a dismissed employee of the Institute. The petitioner has responded by way of reply on 15.3.1991, Annexure -2, which was not accepted and the chargesheet was issued, as indicated hereinabove on 26.4.1991. The charges are that "he deliberately with a view to causing harm, harass and disrepute to the Institute and also disruption of the Institute's normal work dishonestly and with malafide intention in collusion with Sri Deepak Diwanjee, a terminated employee of the institute, has created a document to wit a "note sheet" purported to be dated September, 12, 1989 being No. NIFFT/AO 3/88 though such notesheet was never written to the Director and with such intention he passed over the said fabricated notesheet or copy thereof to Sri Deepak Diwanjee".
(3.) THE petitioner thereafter furnished his show cause vide Annexure 4 dated 6.5.1991. Vide Annexure 5, the order dated 19.6.1991, the Inquiry Officer Dr. K.M.Khanna, Professor and Head, Department of Materials Science of the Institute , was appointed to inquire into the truth of the charges leveled against the petitioner and he was placed under suspension with immediate effect. On 25.6.1991 the petitioner made a request for change of the enquiry officer, vide Annexure 6 giving reasons for his apprehension of likelihood of bias against the said enquiry officer. He again represented vide Annexure 7 dated 26.7.1991 in the nature of appeal for revocation of his suspension. In the meantime, a confidential information was sent by said Mr. K.M.Khanna, which is contained in Annexure 7 A, dated 12.8.1991 to the Director, Ministry of Eduction, Government of India, wherein it was alleged statements were made in relation to said Mr. Khanna by the petitioner that he has given false information about his assignment at IIT Kharagpur to create confusion about his position. The petitioner had removed a letter from his personal file that had contained the forwarding of his application to UNESCO to show that he had gone on leave without permission. Allegations were made against the petitioner by Mr. Khanna that he has been tampering many records, sending back dated letter and indulging in irrelevant communications, which should be dealt with, as it is a serious matter. It is further alleged that Mr. N.N.Sinha, the petitioner, has been indulging in character assassination of people in authority and has been inciting employees to indulge in violence. Instead of properly guiding the employees, he has been misguiding them and a few employees have indulged in indiscipline due to his nefarious activities and, therefore, such an employee should not be allowed to continue in service of the Institute.;