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2013 Supreme(Del) 1101

SURESH KAIT
B. V. Shrihari Rao – Appellant
Versus
Oil & Natural Gas Corporation – Respondent


Advocate Appeared:
For the Petitioner:Ashok Rajagopalan, Ms. Madhu Tyagi, Advocates.
For the Respondents:V.M. Koura, Ms. P.K. Benipal, Advocates.

Judgment :

Suresh Kait, J.

1. Instant petition has been preferred against the impugned order dated 02.12.2010, whereby, penalty of “removal from service” has been imposed upon the petitioner.

2. To adjudicate the instant petition, it is necessary to record the background of this case. Petitioner was appointed for the post of Geologist on 06.07.1989. In the year 2009, he was in Level E4 and was posted at Rajahmundry in the State of Andhra Pradesh. He was the President of the Association of Scientific and Technical Officers (ASTO) of Rajahmundry Unit of ASTO, ONGC. In the month of January, 2009, Officers of Public Sector Oil Companies had decided to go on nation-wide strike from 07.01.2009 to 09.01.2009. The petitioner, being the President of ASTO of Rajahmundry Unit, participated in the said strike. Being enraged by the Strike, respondent no. 1 decided to impose penalty of “removal from service” on all the office bearers of the various units of ASTO including the petitioner herein.

3. Accordingly, by an order dated 08.01.2009 petitioner was slapped with a penalty of “removal from service” in connection with the strike, which commenced on 07.01.2009.

4. Being aggrieved by the order








































































































































































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