IMPORTANT POINT
Removal and/or discharge are synonymous leading to termination or end of service but without the punitive consequences of dismissal entailing loss of past services, affecting future employment and debarring retiral benefits.

JUDGMENT :

NAVIN SINHA, J.

The two appeals have been preferred by the appellant-Corporation and the respondent-employee respectively, to the extent that they are aggrieved by the common order in a writ appeal preferred by the Corporation. They have thus been heard together and are being disposed by a common order.

2. The Corporation is aggrieved to the extent the impugned order sets aside the order of punishment on the ground that the charge-sheet had not been issued by the disciplinary authority. The employee is aggrieved by the grant of liberty to the Corporation for issuance of fresh charge-sheet, and denial of back wages while granting reinstatement. In the interregnum, the employee has attained the age of superannuation in February 2018.

3. A charge-sheet was issued to the employee on 31.12.1993 by the Deputy General Manager (Aviation) (hereinafter referred to as “the DGM”) while he was working on the post of Aviation Officer at the General Aviation Service Station, Gwalior, in the management cadre in Job Group “A”. It was alleged that fresh sand particles had been found in the all 10 fuel tanks after his duty hours in the ‘C’ shift ended while the earlier inspection during the ‘B’ shift had found it to be free of dirt and water except for minor traces of water in tank nos. 3 and 9. While the departmental proceedings were pending, a fresh charge-sheet was issued to the employee on 27.09.1994 with regard to absence from duty on 13.08.1994. The employee was therefore charged with having acted in a manner prejudicial to the interests of the Corporation and negligence in the performance of duty including malingering or slowing down of work under Clause 6 & 10 of Part III-A of the Bharat Petroleum Limited Conduct, Discipline and Appeal Rules for Management Staff, 1976 (hereinafter referred to as ‘the Rules’). Pursuant to a domestic inquiry, the inquiry officer returned a finding of guilt on 06.01.1995. The employee was furnished a copy of the report and after consideration of his reply, the Director (Marketing) under Part III-B (2)(f) of the Rules by a common order dated 21.05.1997 ‘discharged’ the employee from service. The departmental appeal under the Rules was rejected by a reasoned order by the Chairman on 05.10.1998.

4. The employee assailed the orders in a writ petition. The learned Single Judge, with regard to the first charge-sheet, held that the punishment of ‘dismissal’ stood vitiated because the Functional Director alone was competent to issue the charge-sheet. The second charge-sheet though issued by the disciplinary authority, required reconsideration as the punishment was held disproportionate to the charge, necessitating an order of remand. The Corporation was granted liberty in appeal to issue a fresh charge-sheet with regard to the first charge and to pass a lesser order of punishment with regard to the second charge. Though reinstatement was ordered, the question of back wages was left for consideration subject to the outcome of such fresh proceedings.

5. Shri. J.P. Cama, learned senior counsel appearing on behalf of the Corporation, submitted that the employee was not ‘dismissed’ but ‘discharged’ from service. The DGM being the functional General Manager and Head of the Department, the highest officer on the spot, was fully competent under the manual for delegation of authority dated 15.12.1987 to issue charge-sheet for a punishment lesser than dismissal under serial 1(a) of Schedule I under Part III of the Rules. The manual for delegation of authority had never been withdrawn or superseded even after amendment of Rule 3(g) on 22.08.1991 with regard to the definition of Disciplinary Authority in the Rule. The misconduct on the part of employee, considering his place of posting at an air force station was serious in nature. There was no infirmity in the conduct of the departmental proceedings. The employee had since reached the age of superannuation in February, 2018. Continuance of the proceedings under the Rules