IN THE HIGH COURT OF TRIPURA A G A R T A L A W.P.(C) No.10 of 2023 Subrata Debbarma, son of late Nikhil Chandra Debbarma, resident of Palace Compound, Akashbani Gali, P.O. Agartala, P.S. East Agartala, District- West Triprua, ……… Petitioner(s)

– V e r s u s –

1. Oil and Natural Gas Corporation Limited, Represented by its Asset Manager, ONGC, O/o Director (Onshore), 5^th Floor, Deendayal Urja Bhavan, 5 Nelson Mandela Marg, Vasant Kunj, New Delhi-110070

2. Oil and Natural Gas Corporation Limited, Represented by its Asset Manager, ONGC, Badharghat, ONGC Complex, Tripura Asset, P.O. ONGC Colony, P.S.

Amtali, West Tripura

3. ED-Asset Manager ONGC, Tripura Asset, Agartala, the Disciplinary Authority, ONGC Limited, Badharghat, Agartala [The Disciplinary Authority, ONGC Limited, BAdharghat, Agartala]

4. The Director, ONGC, the Appellate Authority, O/o Director (Onshore), 5^th Floor, Deendayal Urja Bhavan, 5 Nelson Mandela Marg, Vasant Kunj, New Delhi-110070 …….. Respondent(s)

For the Petitioner (s) : Mr. P. Roy Barman, Sr. Adv.

Mr. S. Bhattacharjee, Adv.

Mr. K. Nath, Adv.

For the Respondent (s) : Mr. S. Deb, Sr. Adv.

Mr. A.L. Saha, Adv.

Date of hearing : 16.01.2025 Date of delivery of : 07.05.2025 Judgment & order YES NO Whether fit for reporting :

HON’BLE MR. JUSTICE S.D. PURKAYASTHA JUDGMENT & ORDER This petition has been filed by the petitioner for quashing the order dated 09.10.2018 issued by the ED, Asset Manager, ONGC and the order dated 01.11.2022 issued by the Director (Onshore), ONGC [Annexures-6 & 10 respectively], whereby the penalty of ‘removal from service which shall not be a disqualification for future employment under the Government or the Corporation/Company owned or controlled by the Government’ was imposed upon the petitioner which was confirmed by the appellate authority vide order dated 01.11.2022.

[2] The petitioner being initially appointed as Technical Assistant, Grade-III (Chemistry) under the ONGC, joined in the service on 02.09.1992. Thereafter, he was promoted three times and lastly, he was holding the post of Assistant Superintendant (Chemistry) w.e.f. 01.01.2015. On 27.06.2017, he was placed under suspension contemplating a departmental proceeding. Then with the grievance that no subsistence allowance was being provided to him, he filed the writ petition being W.P.(C) No.657 of 2017 in this High Court which was disposed of by an order dated 24.08.2017 directing the respondents to pay the subsistence allowance to him.

[3] Thereafter, vide memorandum dated 25.09.2017, a departmental proceeding was initiated against him under Rule 36 of ONGC Conduct, Discipline Appeal Rules, 1994 (hereinafter referred to as ‘the Rules of 1994’) under the following three articles of charges:

“1. He is habitually irregular in attendance, wilfully and habitually absents himself from duty without leave and absents himself from his place of work after signing the attendance register whereby he remains absent from his appointed place of work without permission or sufficient cause. Latest example of his unauthorised absence is from

02.01.2017 to 30.04.2017.

2. He has neglected his duty and on various occasions, refused to perform his official assignments/jobs and thereby has disobeyed the lawful orders of his superiors and shown insubordination.

3. He has exhibited threatening, intimidating behaviour and has abused his superiors on being asked to perform his duty or when asked to submit leave applications to regularise his leave. He has also exhibited similar threatening, intimidating behaviour and has abused other regular/contractual employees of ONGC by using insolent, impertinent and unparliamentarily language.”

[4] In the statement of imputation in support of such article of charges, the details of his unauthorized absence in respect of article of charge no.1, disobedience to the lawful orders of his superiors and shown insubordination in respect of charge No.2 and also the details of threatening, exhibiting intimidating behaviour and abusing of his