The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.

JUDGMENT :

1. By this petition under Articles 14 and 16 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(A) quashing and setting the order of dismissal dt. 6.9.2022 and to reinstate the petitioner in service with all consequential benefits excluding the same for the period of delay.

(B) during the pendency and final disposal of this petition, the Respondent may be directed to reinstate the petitioner in service.

(C) To grant such other and further relief’s as may be deemed fit.”

2. FACTS:-

2.1 The petitioner was initially appointed as Vehicle Pool Manager in June 1988 in the respondent – Corporation and, thereafter, he was promoted as Deputy Executive Engineer. When he was serving as Deputy Executive Engineer, he was served till he came to be dismissed from the service by an order dated 06.09.2002.

2.2 A charge-sheet dated 05.04.1997 came to be served upon the petitioner for holding departmental inquiry in respect of ten charges and therefore, the charge came to be framed against the petitioner mainly relating to the irregularities with regard to purchase of spare parts of wheeldozers and buldozers.

2.3 It is contended that an Inquiry Officer was appointed to hold the departmental inquiry, who as per report dated 25.01.2002, found the petitioner guilty of all the charges. The respondent – Corporation agreed with the inquiry report dated 25.01.2002 and, thereafter, the Corporation issued show-cause notice dated 27.06.2002 asking him as to why he should not be dismissed from the service.

2.4 The charges levelled against the petitioner are as under:-

Charge No. 1 :-

When you had been discharging your duty as Deputy Executive Engineer (Workshop) at Central Workshop, Kalupur, of Vadodara Municipal Corporation at the respective time, you cheated Vadodara Municipal Corporation by purchasing spare parts worth total Rs. 11,39,458.50/- including Rs. 8,38,840.50/- for D-59-A-15 bull dozer and Rs. 3,00,618/- for G-14 D wheel dozer from bogus person (company) based on unauthorized report obtained on the plain paper in respect of repairing of dozers from the bogus person instead of purchasing the spare parts of D-59-A-15 bull dozer and G-14 D wheel dozer from Bharat Earth Movers Limited based on the approval received vide Resolution No. 811 dated 16/12/1991 of the Local Committee, which were purchased from Bharat Earth Movers Limited and you intentionally did not maintain devotion to your duty and thereby, committed grave criminal act.

Charge No. 2 :-

You gave indent to the bogus representative of the company for purchasing spare parts of D-59-A-15 bull dozer vide outward no. 651/1/93-94 dated 19/10/1993 from the Central Workshop. The quantity of items to be purchased has been shown correctly in the so called proforma invoice no. MWA/SP/362/03 dated 22.10.1993. One quantity of item no. 4 – Hub Sprocket has been mentioned in the aforesaid proforma invoice, whereas the so called company has charged for two quantities, wherein more price of Rs. 1,00,800/- has been assessed. Similarly, one quantity of item no. 5 – bracket bearing Sprocket has been mentioned in the aforesaid proforma invoice, whereas the company has charged for two quantities and therefore, Rs. 26,800/- more has been assessed. Though more price of total Rs. 1,27,600/- including Rs. 1,00,800/- and Rs. 26,800/- has been assessed, you have intentionally taken further action for payment based on the aforesaid proforma invoice considering the same as genuine without getting necessary correction carried out therein. Thus, you, being colluded with the bogus person of the company, committed criminal act causing financial loss to the Corporation and you intentionally did not maintain devotion to your duty.

Charge No. 3 :-

The account payee cheque is issued for the payment to be made to all the contractors/dealers working in the Corporation or supplying goods to it. The demand draft is issued for the payment only upon the written request of the dealer. The bogus repre