Punishment should be based on valid and sustainable findings in disciplinary proceedings.

JUDGMENT :

B.P. Ray, J. - This writ application has been filed under Articles 226 & 227 of the Constitution of India assailing the order dated 9.7.2004 passed by the Commerce Secretary & Appellate Authority, Government of India, Ministry of Commerce & Industr6y confirming the order of punishment dated 27.8.2003 passed by the Disciplinary Authority in a disciplinary proceeding initiated the Petitioner.

2. The case of the Petitioner in brief is that while Petitioner was working as Assistant Director in Marine Products Export Development Authority, a disciplinary proceeding was initiated against the Petitioner by issuing a memorandum of charges dated 24.9.1999. Though the memorandum of charges contained six charges, the Petitioner was found guilty in respect of four charges. On the basis of such finding recorded by the Enquiry Officer the Petitioner was found guilty in respect of charge Nos. 1,2,5 and 6. The Disciplinary Authority-opp.party No. 2 by the impugned order under Annexure-1 dated 27.8.2003 imposed punishment of reduction in rank. Thus, the Petitioner was imposed punishment of reduction in rank from the grade of Assistant Director to the grade of Junior Technical Officer (Export Promotion) until he was found fit after a period of three years from the date on which the said order takes effect. However, it is directed that the impugned punishment of reduction in rank will come into force with effect from 1.10.2003 and this was so done so as to enable the Petitioner to file an appeal before the appellate authority. Challenging the punishment so imposed by the Disciplinary Authority, the Petitioner has preferred an appeal which came to be rejected by order dated 9.7.2004 under Annexure-2. Since the order of punishment dated 27.8.2003 was kept in abeyance, the said order was given effect to after disposal of the appeal. These orders passed by the Disciplinary Authority as well as the appellate authority are impugned in this writ petition.

3. The Disciplinary Authority has filed a counter affidavit justifying the punishment imposed. It is stated in the counter affidavit that out of six charges, charge Nos. 3 and 4 could not be proved and for the residual charges, namely, charge Nos. 1,2,5 and 6, the Disciplinary Authority had imposed the punishment of reduction in rank. It is further stated in the counter affidavit that the punishment so imposed was commensurate with keeping in view the nature and the extent of misconduct proved in course of the enquiry. It is also stated in the counter affidavit that the enquiry having been conducted in consonance with the principle of natural justice and there being no procedural lapses or violation, the impugned order of punishment should not be interfered with.

4. The Petitioner has filed an affidavit in reply to the counter affidavit filed by the Disciplinary Authority. In the said reply affidavit, the Petitioner has brought on record the report of enquiry officer apart from some order documents. We have heard learned Counsel for the Petitioner, learned Counsel appearing for opposite parties. We have also perused the pleading of the parties and the materials available on record. It appears from the record that the order of punishment of reduction in rank was given effect to on 20.8.2004 and after completion of three years, i.e. in the month of March, 2008, the Petitioner was restored to the former post.

5. The following charges were framed against the Petitioner:

1. Shri K. Rajendramany, while working as Extension Officer, SRO, Tuticorin, was permitted in June 1992 to leave the country to visit Singapore "to see his ailing cousin brother". But after spending three days in Singapore he visited Bangkok for 2 days and Hongkong for 3 days without permission from the Authority or without even informing the Authority.

(2) Shri Rajendramany, Asst. Director, Tuticorin visited Hongkong and Singapore in February 1994 and Singapore again in June 1996 without seeking and obtaining the permission of the Com