( 1 ) SHRI V. K. Sayal was the Deputy General Manager in Bharat Heavy electricals Limited. A departmental inquiry under Bharat Heavy Electricals Limited conduct, Discipline and Appeal Rules, 1975 was held against him on five charges two of which were held as proved. The said two charges are as under:-

"2 (i) Shri V. K. Sayal made Shri S. C. Nayyar, Assistant Gr. I to draw a departmental advance of Rs. 1500/- on 28. 8. 91 purportedly for repair of doors and windows of the BHEL Transit Flat situated at Safdarjung Enclave, New Delhi. The amount so drawn from the Finance Department was retained by Shri Sayal. The final settlement of the said advance was again done through Shri Nayyar on 27. 9. 91 enclosing therewith a fake Bill-cum-Receipt dated 5. 9. 91 of Rs. 1600/- from one Shri Gyas mohd. Khan, 97, Lajpat Nagar, Central Market, New Delhi. 2 (ii) On 1. 8. 91, an advance of Rs. 3000/- was taken purportedly for repair of Sofa set and Setty in the above mentioned Transit Flat. A Bill fraudulently procured from one M/s. Sharda and Co. , Lii/65, Madangir, New Delhi 110 062 for Rs. 3480/- was submitted on 19. 8. 91 against the settlement of aforesaid advance. "

( 2 ) THE re