GUWAHATI, India, Sept. 28 -- Gauhati High Court issued the following order on Aug. 27:
1. Heard Mr. S. Dutta, learned counsel for the petitioner. Also heard Mr. S. Mitra, learned counsel for respondent Nos. 2 to 6.
2. The instant writ petition filed under Article 226 of the Constitution of India, is for setting aside the impugned Memorandum No. BCPL/DF/2022-23/1053 dated 14.06.2022 issued by respondent No. 4 informing the petitioner that the review authority had decided to review the findings of the Disciplinary authority and the impugned order No. BCPL/DF/2022-23/RA/1063 dated 01.09.2022, imposing the minor penalty of "censure" upon the petitioner in violation of Rule 39 of the BCPL Employees (Conduct, Discipline & Appeal) Rules, 2013.
3. The case of the petitioner is that the Brahmaputra Cracker and Polymer Limited (herein referred to as BCPL)/respondents, had issued an advertisement dated 15.11.2023, inviting applications for various posts including the post of Senior Officer, Fire & Safety (E-2). One of the essential qualifications for the candidates is to have 1 year post qualification of executive experience (including experience as GET/ET/MT). The petitioner having the requisite qualification and experience for the post of Senior Officer, Fire & Safety, applied for the post vide application dated 28.11.2013 and submitted his educational qualification certificates, experience certificates and other testimonials. The petitioner being found suitable was offered appointment vide letter dated 18.06.2014 on probation for 1 (one) year, to which the petitioner submitted an attestation form dated 26.07.2014 at the time of joining. On 18.02.2017, the petitioner submitted a representation for confirmation of his service. Thereafter, on 20.08.2018, the petitioner was served a copy of Memorandum issued by respondent No. 5, initiating disciplinary proceeding against him on the allegations of providing false information regarding work experience certificate submitted by the petitioner at the time of joining in the said post of Senior Officer, Fire & Safety, BCPL and thereby, alleged violation of rule 4(i), 4(iii) and thereby committed misconduct under rule 5(xii), 5(xxiii) and rule 5(xxx) of BCPL Employees (Conduct, Discipline and Appeal) Rules, 2013. The petitioner in response submitted his written statement dated 05.09.2018 denying all the allegations and charges leveled against him. The enquiry officer thereafter, on conclusion of the enquiry submitted the Enquiry report dated 10.12.2019 before the disciplinary authority which was forwarded to the petitioner. The petitioner submitted his final representation on 02.01.2020, requesting the disciplinary authority to exonerate him as the Article of Charges leveled against him were not proved. The disciplinary authority/respondent No. 5 vide order dated 13.01.2020 found that the charges against the petitioner were not proved and accordingly, exonerated the petitioner from all the allegations leveled against him. The petitioner had also filed a writ petition WP (C) No.1749/2021 for the confirmation of his services. Subsequently, the services of the petitioner was confirmed on 13.10.2023 during the pendency of the writ petition. However, the petitioner was served a copy of the impugned Memorandum dated 14.06.2022, informing the petitioner that the reviewing authority had decided to review the matter of appointment of the petitioner by invoking rule 39 of the BCPL Employees (Conduct, Discipline & Appeal) Rules, 2013 and asked the petitioner to submit his written statement within 15 days of receipt of the said memorandum. Accordingly, on 29.06.2022 the petitioner submitted his written statement against the memorandum dated 14.06.2022 denying all the allegations leveled against him. Thereafter, a copy of the impugned order No. BCPL/DF/2022- 23/RA/106 dated 01.09.2022 was received by the petitioner, wherein, it was stated that the review authority, in exercise of rule 28 and rule 29 of the BCPL Employees (Conduct, Discipline & Appeal) Rules, 2013 imposed minor penalty of "censure" on the petitioner. Aggrieved by the orders dated 14.06.2022 and 01.09.2022, the instant writ petition has been filed.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfGK%2BLkNAbRWSSO5rgAWwDPFv%2BTuG0ElC%2B2tkwEc6KzgO&caseno=WP(C)/6731/2022&cCode=1&cino=GAHC010203382022&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
