- (1.) I.A. No. 2394 of 2012 This is an application seeking substitution of the legal heirs of the deceased petitioner, who died on 12.02.2009. For the reasons stated in the application, I.A. No. 2394 of 2012 is allowed. W. P. (S) No. 5768 of 2003 Aggrieved by order dated 30.07.2003, the petitioner who retired from service on 30.09.2002, has approached this Court by filing the present writ petition.
(2.) The petitioner joined the Steel Authority of India Limited on 10.09.1968 and he was superannuated from service with effect from 30.09.2002. Just before his retirement the petitioner was served a chargememo dated 24.04.2002 and an enquiry under Rule 8 of Discipline and Appeal Rules of the Company was initiated. The Article of charge against the petitioner alleged the following misconducts committed by him. 1. He acted with a malafide intention and in collusion with another Assistant who was responsible for physically submitting the financial instruments before the Company's Bank for encashment, in delaying the submission of local cheques of M/s Vikas Steel before the Company's Bank on the day these were required to be submitted as per payin slips prepared through computer printout. This resulted into financial loss to the Company and gain to the Party. 2. He failed to keep the official documents safely and handed over to Vigilance Department, the tampered official documents viz. Second copy of the payin slips for the purpose of hiding his misdeeds from investigation.
(3.) The petitioner submitted his written statement of defence and on conclusion of the enquiry, the charges against the petitioner was found proved. The petitioner was supplied a copy of the enquiry report and the petitioner made a detailed representation before the Disciplinary Authority. By order dated 30.07.2003, a penalty of reduction in the lower grade, i.e. from the scale of Rs. 640020011400 (S 10) to the scale of Rs. 58009471 (S 9) was imposed with effect from 24.04.2002. The basic pay of the petitioner was ordered to be fixed at lowest stage, i.e. at Rs. 5800/ and a recovery was ordered from the amount payable to the petitioner.;