- (1.) THIS appeal has been filed by the Steel Authority of India Ltd and its officers against the judgment and order dated 2nd September, 2003 passed by the learned Single Judge in the writ application filed by the writ petitioner - respondent, Niranjan Mandal, being CWJC No. 2082 of 1995.
(2.) THE respondent herein challenged an order by which punishment was inflicted on him by his disciplinary authority by reduction of his pay to an amount equivalent to two increments vide order dated 24th August, 1988 on the ground that two of the charges levelled against him in the disciplinary proceeding had been established. As will appear from the judgment under appeal, the respondent No. 1, at the relevant point of time, was the Store Keeper in the Store Department of the Bokaro Steel Plant. In 1985, a theft was committed in the godown in respect of which the respondent was in charge. A criminal case was started which ultimately concluded in the acquittal of the respondent, on the ground that although the theft of the articles had been established, no connection could be established between the accused persons including the respondent and the commission of either theft or criminal misappropriation of the articles in question.
(3.) ALTHOUGH , the respondent No. 1 was acquitted of the charges in the criminal case in the year 1987 and punishment in the disciplinary proceeding was awarded on 24th August, 1988, the respondent did not choose to question the said order of the disciplinary authority or of the appellate authority passed in 1989 and, on the other hand, two Departmental Promotion Committees found the respondent unfit for promotions in the years 1992 and 1994.;