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2011 Supreme(Gau) 520

BIPLAB KUMAR SHARMA
Amalendu Dev Assistant Manager E/M Drilling Division NEEPCO Ltd. – Appellant
Versus
NEEPCO Ltd. , represented by its Chairman and Managing Director – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: J. Deka, Adv.
For Respondents/Defendant: K.P. Sharma, Sr. Adv. and H. Das, Adv.

JUDGMENT

B.K. Sharma, J.

1. The Petitioner who has been imposed with major penalty of reduction to a lower post pursuant to a departmental proceeding, has filed this writ petition challenging the enquiry proceeding including the order of penalty and the order by which his appeal was rejected.

2. The Petitioner while was serving as Deputy Manager (E/M) under the Respondents was served with charge sheet No. NEEPCO/PRES/10937 dated 25.07.2003 for alleged failure to maintain absolute integrity and devotion to duty and in acting in a manger prejudicial to the interest of NEEPCO Ltd. in the matter of awarding a contract for repairing work of 40 MT Coles crane (registration No. ASN 8376) and thereby contravening provisions of Rule 4 and 5(5) of NEEPCO Conduct, Discipline and Appeal Rules.

3. As many as 9 (nine) Articles of Charges were framed against the Petitioner which are reduced below:

(i) He initiated the note UO/WS/95-96 AN 3/21 dated 12.06.95 highlighting discussion held with the Chief Engineer alongwith the SE (E) HGC and EE/CWD and himself on 07.06.95 regarding the problem of the steering column assembly and the PTO for the Hydrohalic system of the jack without any formal report from




































































































































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