JUDGMENT :

1. Under challenge in this writ petition is the order of punishment dated 8th of December, 2006 issued against the petitioner by the Disciplinary Authority (DA) of the Kolkata Port Trust (KoPT) reducing the pay of the petitioner for a period of two years. The impugned order of punishment further stipulated that during the said period of two years the petitioner shall not earn any increments.

2. The petitioner is aggrieved by the further fact that the impugned order of punishment has the consequence of delaying his future increments. It is submitted that the dues of the petitioner connected to his suspension period are also outstanding.

3. The petitioner also seeks the setting aside of the Order of the Appellate Authority (AA), KoPT dated the 13th of February, 2007 affirming the Order of the DA in the Disciplinary Proceedings (DP) dismissing his appeal.

4. The petitioner alleges mala fides and a pre-determined mind on the part of his employer, the KoPT, acting through the agency of the DP, on the ground that as a resident of a rented quarter allotted by KoPT at Taratala Labour Colony (the Colony), the petitioner protested against illegal activities of influential officers within the KoPT carried out within the precincts of the Colony. Specific complaints were lodged by the petitioner as General Secretary of the Association of families living in the Colony against the Labour Officer and the Labour Advisor-cum-Industrial Relations Officer, holding such officers to be personally responsible for the sorry state of affairs of KoPT employees living in the Colony.

5. It is the case of the petitioner that on 14th of July, 2004 the Deputy Chairman, KoPT acting as DA placed the petitioner under suspension with immediate effect in contemplation of a DP. The petitioner stood charged with accepting illegal gratification from a representative of a Clearing and Forwarding Agent (C & F Agent).

6. The order of the suspension was however revoked on the 28th of January, 2005 and the petitioner was asked to report for duty on the same date. The petitioner alleges illegal action on the part of his employer/the KoPT for withholding salaries due and payable for the period of his suspension, i.e. between 14th of July, 2004 to 28th of January, 2005.

7. On 11th of September, 2004 the petitioner was formally charged by issuing a chargesheet (CS) for receiving illegal gratification from an agent of a C & F Agency on the 2nd of July, 2004 and, also on the ground of overstaying in his office beyond scheduled duty hours. The petitioner submits that the Labour Advisor-cum-Industrial Relations Officer did not enjoy the power of issuing the CS since the DA of the petitioner in the Traffic Department was the Traffic Manager. It is also submitted that for the first time through the CS the petitioner was informed that while being present at Netaji Subhash Dock Gate No. 8 (NSD Gate No.8) on the 2nd of July, 2004, he accepted a bribe of Rs. 100/- from a personnel of a C & F Agency to facilitate the release of three container trucks.

8. The reply to the CS was filed by the petitioner on 8th of December, 2004 reiterating allegations of conspiracy against the aforesaid two officers of the Labour Department, KoPT. The enquiry was finally conducted by the substituted Enquiry Officer (EO) and continued between the 15th of December, 2005 to the 6th of September, 2006. On behalf of the Management/KoPT, seven witnesses were examined and documents exhibited. The Charged Officer (CO)/the petitioner examined two defence witnesses.

9. The report of the EO was supplied to the petitioner and was replied to by the petitioner on the 24th of November, 2006 essentially reiterating his contentions against the CS.

10. However, on the 8th of December, 2006, the Traffic Manager/DA passed the impugned order of withholding increments. Withholding of increments had the cascading effect of adversely impacting future increments of the petitioner. The period between July, 2004 and January, 200