E P JOY Vs. CHIEF STAFF OFFICER P AND A

JUDGEMENT

(1.) THIS Original Application has been filed by the applicant aggrieved by A-2 order dated 20.4.98 of the first respondent imposing upon him the penalty of withholding of one increment without cumulative effect for six months and A-4 order dated 29.12.98 of the second respondent as Appellate Authority rejecting his appeal and confirming the penalty imposed on him. He sought the following reliefs through this O.A.:

(2.) The applicant was a Mechanic Highly Skilled-II in the Naval Air Craft Yard (NAY for short) under the respondents. He was one of the Joint Consultative Machinery (JCM) IV Level member of HQ. Southern Naval Command. During 1994 he was the Secretary of the NAY Unit Works Committee. He claimed that Works Committee was similar to the Trade Unions in other establishments. According to the applicant on 5.8.94 there was some agitation by the workmen. The applicant rushed to the spot for pacifying the agitated workmen as he was the Secretary of the Works Committee. Due to the sincere efforts of the applicant the agitating workers could be pacified. By letter dated 31.10.94 the Commodore Superintendent of NAY informed the applicant that it was proposed to hold an inquiry against him on 5 charges of misconduct or misbehaviour stated in the Annexure attached 'with the above letter. He submitted a statement on 24.11.94 denying the above charges and requested to drop all further proceedings, a departmental inquiry was ordered against the applicant by order dated 31.3.95. The first respondent as Disciplinary Authority passed the order exonerating the applicant of the charges I, III and IV and finding him guilty of charges II and V. A penalty of withholding of one increment without cumulative effect for a period of six months was imposed on the applicant as per A-2. He filed A-3 appeal dated 15.6.98. By A-4 order dated 29.12.98 the said appeal was rejected. Claiming that A-2 and A-4 orders were arbitrary and against the true facts the applicant filed this Original Application seeking the above reliefs.

(3.) HEARD learned Counsel for the parties.