- (1.) Heard learned counsel for the parties. The order of punishment dated 29.6.2002 reducing the pay of the petitioner to the minimum scale of pay of E-5 grade rendered by the Disciplinary Authority is under challenge in the present writ petition. His appeal has also been rejected on 1.10.2003, which is also impugned herein.
(2.) The petitioner at the relevant point of time was serving as Deputy Chief Materials Manager, under the respondent-Bokaro Steel Ltd. a unit of the Steel Authority of India, when he was charge-sheeted for alleged misconduct under the relevant provisions of the SAIL Conduct, Discipline and Appeal Rules, 1977. The memorandum of the charges indicated that the petitioner, a Deputy Chief Materials Manager in Refractory Planning Cell, was deputed to carry out inspections of Light Weight Insulation Bricks of specified marks at the premises of M/s. Souvenir Ceramics, Faridabad on three occasions i.e. on 6.2.1999, 3.7.1999 and 16.3.2000. The petitioner had issued inspection certificate after inspecting the said materials. On receipt of the same at Bokaro Steel Ltd., out of eleven consignments, eight were found deviating in quality parameters, which were subjected to cross checking at BSL Lab. This resulted in getting substandard materials at BSL, which either have been rejected or used on rebate. Therefore, the charge-sheet alleged lack of devotion of duty and conduct of the petitioner negligent and prejudicial to the interest of the company in performance of his duty.
(3.) The said enquiry concluded after due opportunity to the petitioner with a conclusion that the delinquent employee did not take enough precaution on successive occasions of inspections. Had he taken enough precaution on successive occasion of inspection, the story of material passing at suppliers end and failing at R & D Lab test of BSL, would not have been repeated.;