ORDER

1. The petitioner joined the respondent-Organization viz., M/s.Hindustan Aeronautics Limited (referred to as “HAL” or “the Company”, interchangeably) as an Assistant Systems Audit Officer on 24.01.1986 and worked as a General Manager (Finance) until he attained the age of superannuation on 31.05.2022.

2. The facts which are relevant for the purpose of this case are as follows:

3. On 03.08.2021, HAL had lodged a complaint with the Inspector of Police, Commercial Street Police Station stating that there had been an attempt to malign the HAL, in as much as attempts had been made by an ‘unknown individual to malign and besmirch the reputation of the HAL and its Board of Directors’, and sending e-mails (from farhath.i@gmail.com) containing allegations about the policy decisions taken by the Board, on the ground that allegations were baseless, incomplete and factually wrong. 4. The Police acknowledged the receipt of the complaint and, ultimately, gave an endorsement on 08.09.2021 stating that it was found that the complaint was civil in nature and HAL was directed to approach the appropriate Court.

5. On 22.11.2021, the petitioner was issued with a chargesheet. The chargesheet contained the following Articles of Charge levelled against the petitioner:

“ANNEXURE-I ARTICLES OF CHARGES FRAMED AGAINST SHRI KS KRISHNAN, GENERAL MANAGER (FINANCE), AC:

Shri KS Krishnan, General Manager (Finance), AC is alleged to have committed the acts of omissions & commissions, as indicated below, while functioning as General Manager (Finance), BC:

(a) Shri K.S Krishnan was involved in sending an E-mail dated 13/06/2021 from the E-mail ID of farhath.i@gmail.com to the Cabinet Secretary with copy to Secretary (DP), amongst others, with regard to selection of CEO(MC).

(b) Shri KS Krishnan was involved in sending an E-mail dated 26/07/2021 from the E-mail ID viz. farhath.i@gmail.com, to Secretary (DP) with copies to Cabinet Secretary, amongst others, with regard to the visit of the Directors to Koraput Division.

(c) Shri KS Krishnan was in possession of 05 (five) Nos. of compact Discs (CDs) in the dickey of his Official Vehicle No.KA 03 NV 8460 (Maruthi Dzire) in the Company premises containing adult sexual contents (porn videos). Upon seizure of the CDs by the Security Officials for verification/ checking the contents vide Panchanama dated 01/10/2021, Shri KS Krishnan had refused to sign the Panchanama.”

6. As could be seen from the said Articles of Charge, the first two articles relate to sending e-mails and they are essentially the same charge i.e., sending e-mails to the superior officers, and the third article was that the petitioner was in possession of five compact discs which contained obscene content and were found in the boot of his official car.

7. In response, on 15.12.2021, the petitioner furnished his detailed reply. The petitioner basically denied all the charges and put forth the contention that the Internet Protocol (IP) address used by the petitioner was hacked and the e-mail address referred to in the Articles of Charge had been accessed from eighteen (18) different IP addresses and could not, therefore, be attributed to him. He also stated that access to his personal computer was also available to other personnel in the company and the charges levelled against him could hence not be accepted. 8. As regards the compact discs found in his car, he stated that the car officially assigned to him was hired by the HAL on contract basis and he could not be held responsible for any offensive material found in the boot of the car.

9. On 12.01.2022, the petitioner was informed that his reply dated 15.12.2021 had been considered by the Managing Committee (the Disciplinary Authority), and that the Committee had decided that the matter was required to be enquired into. Pramod Kumar, Executive Director (Koraput) was accordingly appointed as the enquiry officer.

10. It was also stated that in view of the COVID-19 pandemic, the departmental enquiry would be