CHAMAN LAL BAKSHI Vs. INDIAN OIL CORPORATION LIMITED

JUDGEMENT

(1.) The challenge in this writ petition is to the imposition of a penalty on the petitioner by the respondent-corporation. The penalty which has been imposed by the impugned order is that of with holding of three increments with cumulative effect.

(2.) The petitioner was employed as Senior Depot Superintendent with the respondent-corporation. The respondent-corporation is a company registered under the Companies Act but all the shares are held by the Government. It is not disputed by the learned counsel for the respondent that it is a State within the meaning of that expression in Article 12 of the Constitution of India.

(3.) It appears that while the petitioner was working at Ambala there was a written complaint which was filed against him. The allegation against the petitioner was that he had committed theft, fraud and dishonesty as a result of which there had been a financial loss to the respondent-corporation in respect of 6000 litres of high speed diesel oil. The allegation was that this oil had been supplied without the receipt of the sale price.