REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION Vs. HASHARALI

JUDGEMENT

(1.) The judgment and order dated 17.5.2001 passed by the Learned Central Administrative Tribunal, Guwahati Bench(hereinafter referred to as the Tribunal) allowing the original application filied by the present respondent, impugning the order of penalty following a disciplinary proceeding and the order of the appellate authority, dismissing the departmental appeal, has been assailed in the instant proceeding.

(2.) We have heard Mr. B. R. Dey, Advocate assisted by Mr. B. Sarkar for the petitioners and Mr. B. K. Sharma, Senior Advocate assisted by Mr. A. C. Sarma for the respondent.

(3.) The facts in short culminating in the present writ petition are that by a Memorandum dated 17.1.95, Annexure-I to the writ petition issued by the Respondent No. 1, an enquiry was proposed to be held against the respondent under Regulation 14, Part 3 of the 3rd Schedule of the Employees' State Insurance Corporation (Staff and Conditions of Service) Regulations 1959 (hereinafter referred to as a Regulation) the respondent was directed to submit his written statement of defence within 10 days of the receipt of the memorandum. At the relevant time, the respondent was holding the post of Manager-II of the Employees' State Insurance Corpn., North Eastern Region (hereinafter referred to as the Corporation) for convenience, the charges, levelled against the respondent are extracted herein below: