GUWAHATI, India, June 25 -- Gauhati High Court issued the following order on May 25:

1. Heard Mr. U. Hazarika, learned Senior Counsel assisted by Mr. N. Deka, learned counsel for the appellants. Also heard Mr. I. Chowdhury, learned Senior Counsel assisted by Mr. P. Mahanta, learned counsel for the respondent in WA No.283/2024 and Ms. G. Goswami, learned counsel for the respondent in WA No.284/2024.

2. These 2 (two) writ appeals are directed against the common judgment and order dated 15.07.2024, passed by the learned Single Judge in WP(C) No.7682/2016 and WP(C) No.6151/2016, wherein the learned Single Judge has allowed the writ petitions by holding that the enquiry proceedings, conducted against the petitioners was completely dehors the law in respect of Section 65A and Section 65B of the Evidence Act, 1872 and the law laid down by the Apex Court as well as to the procedure prescribed under the Rules, thereby set aside the findings arrived at by the Inquiry Officer as well as the Disciplinary Authority and directed for reinstatement of the petitioners in the service with all service benefits accruable from the date they were held to be removed from service with 50% of their back wages/salary.

3. The facts of the case are that consequent to the fire accident in the Numaligarh Refinery Limited, the appellants NRL herein, leading to damage of certain articles, the appellants NRL have decided to auction the said damaged/scrapped materials in two lots, comprises of ferrous and non-ferrous scrap items and burnt cables. On being awarded pursuant to an e-auction, M/s Steelex (India) Ltd., on 15.03.2014, loaded the scrap materials in three different trucks within the premises of the appellant NRL. A complaint was lodged by few local journalists and members of Student bodies of Golaghat alleging that in the name of scrap, useful materials of the refinery were taken out. On the basis of the said complaint, the police seized the trucks on the same day. The concerned Officer-in-Charge of the local police out post addressed to the in-charge of the appellant NRL to depute an officer for verifying the materials, on which a General Manager (Commercial) of the appellant was deputed to the Police Station.

4. The Chief Manager (Commercial) upon verification of these materials submitted a report on 20.03.2014 to the higher authorities of appellant NRL. In the report it was stated that these three trucks were brought inside the Refinery premises and the goods, which were loaded on the trucks were unloaded with the help of cranes and labourers for due examination and verification. These trucks were examined in the presence of Police, a Magistrate, two employees of the ASEB and 8 (eight) persons representing the complainants. The materials in 2 (two) trucks were certified to be scrap materials by the technical persons of the Refinery. However, in respect of a third truck 2 (two) coils of cables of quite large dimension were seen and the complainants insisted that they were new cables. These 2 (two) coils of cables were inspected on the truck by the Police, the Magistrate and the technical persons of the appellant NRL along with the complainants. The Magistrate ordered for sealing of these cables for further testing. The drivers of the trucks were asked by the Magistrate and the Police to show the locations within the refinery from where the materials were loaded and accordingly, it was pointed out by the driver of the third vehicle that the location was within the premises of a Warehouse from where, these 2 (two) rolls of cables were loaded. It was also pointed out that these materials were loaded by a crane in the presence of representative of appellant and CISF personnel.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLeww4cvZcE7THpZ20LEDox3n0GrSZw7dVEIXSsVufqt&caseno=WA/284/2024&cCode=1&cino=GAHC010168452024&state_code=6&appFlag=)

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