Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for quashing order dated 30.01.2006 whereby punishment of reduction to lower post, grade and pay-scale has been awarded by the disciplinary authority and further for quashing appellate order dated 29.12.2006 whereby order passed by the disciplinary authority has been modified and for direction upon the respondents to pay all the legal dues and consequential reitral benefits.
(2.) The facts, as delineated in the writ application, in brief, is that on certain charges, 'Statement of Article of Charges' as under, was framed against the petitioner: "It has been reported that on 25.05.2005, Late Md. R. Mustafa, Assistant Staff no. 397506, posted in the office of GM (MS) was deputed by Shri EVP Choudhary for exploring the repair agency of Xerox Machine and obtaining quotations. It has been further reported that Late Md. R Mustafa had no knowledge regarding the repairing firms of Xerox Machine and did not have the requisite skill for such jobs nor he was supposed to be deputed for such jobs. Further, no prior permission of GM (MS) was taken before deputing Late Md. R. Mustafa for the said job as he was not reporting to him, thereby he was directed to do the job without permission of the appropriate authority. Late Md. R. Mustafa would not have met with the tragic end had he not been deputed for performing an unauthorized job. Further Shri Choudhary had filled-up the "Intimation of Accident (Outside Plant) Annexure-1" without ascertaining the basic facts of the accident namely viz. Time, place etc. Thus, Shri EVP Choudhary has contravened Rules 4.0 (1) (i), (ii) 5 0 (5), (9) and (20) of the SAIL Conduct, Discipline and Appeal Rules."
(3.) Basing on these allegations, the petitioner was placed under suspension and departmental proceeding was initiated against him, in which, the enquiry officer after enquiry submitted enquiry report, basing on which, the disciplinary authority passed impugned order dated 30.01.2006 whereby punishment of reduction to lower post, grade and pay-scale has been awarded by the disciplinary authority, though, it is alleged that the impugned order dated 30.01.2006 was never communicated to the petitioner. It has further been averred that while the petitioner was put under suspension, he was directed to mark his attendance in the office of Chief Security BSL/SAIL. Accordingly, the petitioner was marking his attendance, but all of a sudden, he was served a second memorandum of charge dated 25.04.2006 mentioning therein that he failed to maintain absolutely devotion of duty and committed an act subversive of discipline in as much as he is being absenting himself unauthorizedly from duty since 02.02.2006 and he has failed to report to his duty on revocation of suspension vide order dated 30.01.2006. It has further been averred that on receiving memo of charge dated 25.04.2006, the petitioner for the first time came to know about the order dated 30.01.2006 and thereafter, he preferred appeal, which was disposed of vide order dated 29.12.2006 whereby punishment awarded by the disciplinary authority was reduced from "Reduction to lower post, grade and scale of pay from E6 grade to Minimum of E4 grade i.e. Rs. 17,500/- w.e.f 30.01.2006" to "Reduction to lowest stage in time scale of pay of E6 (19000-450- 24400) w.e.f 30.01.2006.";