Paban Chandra Das vs Indian Oil Corporation Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Gau) 749

IN THE HIGH COURT OF GAUHATI
Biplab Kumar Sharma, J.
Sri Paban Chandra Das, Son of Late Kokhan Chandra Das, Deputy Manager (Operation), EmpLoyee No. 862 Indian Oil Corporation, Assam Oil Division, Digboi, Presently residing at Bribe No. 1, PO & PS Digboi, Dist- Tinsukia, Assam - Appellants
Vs.
The Indian Oil Corporation Ltd., represented by the Director (Refineries) & Director in charge, AOD, Indian Oil Corporation Ltd., Scope Complex, Core-2, 7 Institutional Area, Lodhi Road, New Delhi, The Executive Director & Disciplinary Authority, Assam Oil Division, Digboi, The Enquiry Officer, CM(RS), Assam Boil Division, Digboi, Assam and The Manager Incharge, Dharmanagar Depot, Assam Oil Division, Dharmanagar, Tripura - Respondent
WP (C) No. 6442/2006
Decided On: 15.06.2012

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Ms. D. Borgohain, Adv
For Respondents/Defendant: Mr. S.N. Sarma, Sr. Adv and Mr. A. Jahid, Adv.

Headnote:
Corporations Conduct discipline & Appeal (CDA) Rules, 1980 - Rule 7(1), 7(5) and 7(9), 6(1)(i) & (ii) - abnormal stock shortage - service pursuant to a departmental proceeding - petitioner while was serving as Deputy Manager (Operation) was issued with the communication directing him not to Leave until further advice. He was also directed to make himself available at his official residence enabling the authority to contact him in respect of an enquiry conducted for abnormal stock shortage - Annexure-2 order the petitioner was placed under suspension - Allegation of commission of the following irregularities by you during your tenure as DM(Ops) upto and thereafter also has been received - Abnormal shortages of MS, HSD and SKO as detailed below were detected at depot during a joint physical stock check that was carried out morning by you and incumbent DM in presence as a part of charge handing over/taking over of depot consequent to your transfer vide office order and posting vide office order - Held, charge against the petitioner was twofold -It was alleged that abnormal shortages of MS, HSD & SKO were detected and that the same was attributable to deliberate and systematic product diversion and disposal by the petitioner through fraudulent ways and means - There is absolutely no evidence to show that the petitioner was responsible for disposal of the products by fraudulent means. As regard shortage of the product, there are various explanations for the same, such as, shortage from before, shortage due to operation and evaporation, etc. This is coupled with the fact that the petitioner alone was not responsible for running the depot containing huge quantities of the products. It was a collective responsibility of the Officers and employees to run the depot in a systematic and safe manner - Enquiry Officer himself has ruled that for fraudulent diversion of products by a group of men, a systematic effort will be required. If that be so, it is not understood as to how the petitioner alone could make the said effort - Impugned order of dismissal (Annexure-18) stands set aside and quashed. Consequently, the petitioner shall stand reinstated in service with continuity in service and consequential service benefits. However, in the facts and circumstances, he will not be entitled to any back wages for the period of suspension followed by the period of dismissal from service except notional fixation of pay. The writ petition is allowed

JUDGMENT

Hon'ble Mr. Justice B.K. Sharma

1. The petitioner is aggrieved by the Annexure-18 order dated 29.6.2006 by which he has been dismissed from service pursuant to a departmental proceeding conducted against him by Annexure-I communication dated 26.5.2005. The petitioner while was serving as Deputy Manager (Operation) at Dharmanagar in the State of Tripura, was issued with the communication dated 28.5.2005 directing him not to Leave Dharmanagar until further advice. He was also directed to make himself available at his official residence enabling the authority to contact him in respect of an enquiry conducted for abnormal stock shortage. Thereafter, by Annexure-2 order dated 1.6.2005, the petitioner was placed under suspension w.e.f. 1.6.2005. The same was followed by the Anneuxre-3 charge sheet dated 3.6.2005 Leveling the following charges :-

Ref. D/O :PCD-872

Dated : 03.06.2005.

Shri P.C. Das Emp No 872

DM(Ops).

Thro : GM(M)/DGM(MO)

Dear Sir,

Chargesheet

Allegation of commission of the following irregularities by you during your tenure as DM(Ops), Dharmanagar upto 21.5.2005 and thereafter also on 22.05.2005 has been received :

1. Abnormal shortages of MS, HSD and SKO as detailed below were detected at Dharmanagar depot during a joint physical stock check that was carried out on 21.05.05 morning by you and Shri S. Ray, incumbent DM (Ops), Dharmanagar in presence of Shri A. Adut, SM (Ops), Guwahati as a part of charge handing over/taking over of Dharmanagar depot consequent to your transfer to Guwahati vide office order no. PERS; 1/5-872 dated 08.04.05 and posting of Shri S. Ray at Dharmanagar vide office order no. PERS: 1/5-073 dated 08.04.05.

Product Book Stock

as on Physical Stock as on Discrepancy in KL

21.05.05 21.05.05

(Opening) in (Opening) in

KL KL

MS 358.778 311.138 (-) 47.640

SKO 1373.106 1333.010 (-) 40.096

HSD 1928.643 1825.525 (-) 103.118

Such high stock losses cannot result in the course of normal depot operations nor happen over a short time period, but can be attributed to deliberate and systematic product diversion and disposal by you over a period time through fraudulent ways and means. After receipt of your transfer order towards end April'05, you deliberately resorted to book stock manipulation prior to handing over charge of Dharmanagar Depot with the malafide intention to cover-up the high stock losses which resulted from your fraudulent acts of product diversion. Amongst others, the following irregularities committed by you between 30th April'05 to 22nd May'05 have come to light.

1.1 Prior to the joint stock inspection on 21.05.05 which commenced at around 0800 hrs, you made an abortive attempt in the early morning on 21.05.05 to unload HSD tank wagon from the railway to the depot tank with the intention to partially make up HSD stock shortage of 103 KL (of which you were fully aware of) and show the tank wagon as short received.

1.2 On 30.04.05 you prepared two challans - nos. 000558 dated 30.04.2005 for TT No. TRL 4098 in the name of Chandan Majumdar, Kalyanpur and the other no. 000559 dated 30.04.05 for TT no. AS-01V-0375 in the name of South Petroleum Agency, Sabroom, each for 12 KL of SKO along with receipt of DD for full product value. But actual product dispatch The above acts of book stock manipulation were deliberately resorted to by you to partially cover-up high stock losses of SKO resulting from product diverted and disposed off by you earlier through fraudulent means.

1.3 On 17.05.05 you prepared three DDs for Rs. 1, 12, 509/- (No. 720649 dated 17.05.05 for Rs. 16, 509, no. 720654 dtd. 17.05.05 for Rs. 48, 000/- and no. 720655 dated 17.05.05 for Rs. 48, 000/-) which were credited in SAP in the name of Shri KCB Poddar, Mannubazar without the knowledge of the party. This was done by you deliberately with the malafide intention to further manipulate book stock records by falsifying product dispatch so that high stock losses can be partially covered up prior to handing over charge on

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