9911796707
TMI Blog2006 (4) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... on of copper wire while the rules require the personnel supervision and accountability of the said wire; and (iii) that he also showed misleading entries on the bills of transportation for transportation of the material." The disciplinary proceedings remained pending for a period of seven years. A report was submitted by the Enquiry Officer only in the year 1982. In the disciplinary proceeding, the first two charges were held to have been proved against the Appellant but the third charge was not proved. He was directed to be removed from service by the Disciplinary Authority by an order dated 21.12.1983. An appeal preferred thereagainst came to be dismissed by the appellate authority by an order dated 21.2.1991 i.e. after a period of seven years holding: "The ACE-8 sheets were still not available in estimate files of 2160 D(a) and 2161 D(a) 69-70. If the statement of Shri Bijlani is taken to be correct that ACE-8 were prepared and kept in respective estimate files and were made over to Shri Sariya, then it should not have been necessary for Shri Bijlani to prepare ACE-8 again on 25.12.73. He could have mentioned that numerical account of 150 lbs copper wire can be made from AC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court, a contention was raised on behalf of the Respondents that it was a case where there had been misutilisation of substantial quantity of copper wire and not a case of lack of minor supervision. The High Court reproduced the following findings of the Enquiry Officer: "The prosecution has verified through documents and witness that the above quantity of wire was certified as having been received by Shri M.V. Bijlani. In this context Bill No. A26, A27 dt. 11.11.1969 of Sriqarage Raipur (DOC-11) issue letter of store lineman Raipur dt. 30.10.1969 for 1000 Kgs. Of 150 lbs/ mile copper wire (sent through SIT Garage along with issue letter of store lineman dt. 02.12.1969 for 4398 lbs of Copper wire 150 lbs/ miles (Sent through SIT Kashiram in truck No. MPR 2700) and bill No. A-22 and 23 dt. 22.10.1969 of Shri Garage along with issue list of 100 kgs. of copper wire 150 lbs/ mile (Sent through, SIT, Kashiram in Truck No. MPR 2607), were produced in evidence on which Shri M.V. Bijlani has certified to have received the goods in good conditions. None of the vouchers show that goods were received for estimate No. 2161 D(a). It is thus only established that about 4000 kgs. of coppe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harged for theft or misappropriation of 4000 kgs. of telegraph copper wire or misutilization thereof. If he was to be proceeded against for misutilisation or misappropriation of the said amount of copper wire, it was necessary for the disciplinary authority to frame appropriate charges in that behalf. Charges were said to have been framed after receipt of a report from CBI (Anti Corruption Bureau). It was, therefore, expected that definite charges of misutilization/misappropriation of copper wire by the Appellant would have been framed. The Appellant, therefore, should have been charged for defalcation or misutilisation of the stores he had handled if he was to be departmentally proceeded against on that basis. The second charge shows that he had merely failed to supervise the working of the line. There was no charge that he failed to account for the copper wire over which he had physical control. It will bear repetition to state that the charges which were framed related to only non-maintenance of ACE-8 Register and non-supervision of working of the line. In absence of any charge that he had in fact misappropriated copper wire for his own benefit out of the disposal thereof, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particular the evidence of Shri K.C. Sariya in favour of the Appellant in this behalf. The appellate authority was required to apply its mind on the materials placed on records. It failed to take into consideration that the disciplinary authority purported to have relied upon the police report which was not proved. It is really a matter of great surprise that a disciplinary proceeding was initiated five years after the Appellant handed over charge. At that time he was admittedly not having possession of any documents. The Enquiry Officer furthermore took a period of seven years to complete the enquiry. The appellate authority also took seven years in disposing the appeal. Even then, the appellate authority did not go into the question as to whether the procedures laid down for holding the disciplinary proceedings had been followed or not. He did not go into the contentions of the Appellant herein minutely. The memo of appeal filed before the Appellant was very elaborate. He raised a number of contentions therein. The Enquiry Officer was charged with bias. He was also charged with unfair conduct. He was said to have committed a large number of irregularities in the departmental pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 150 lbs/mile to EST Jagdalpur had been mentioned on 22.10.1969, 30.10.1969 and 02.12.1969 as 2204 lbs., 2218 lbs and 4398 lbs respectively. There are no entries of the above quantity of wire in ACE-8 (DOC-1) of EST Jagdalpur." The said finding of the Enquiry Officer itself demonstrates that ACE- 8 sheets were being maintained and the quantity of copper wire mentioned therein existed 4000 lbs. He had furthermore noticed the muster rolls, work diaries and work orders of M/s. Kashiram. The ultimate finding of the Enquiry Officer was: "\005As such there is nothing to establish that copper wires 4000 kg taken for copper wire theft replacement was utilised for erection on theft spots. Even if 175 spans are taken as erected out of 4000 kg of copper wire is not accounted for. In the requisition slip (DOC)-6 1000 kg of copper wire was issued by store linemen on 20.10.69 to SIT, Kashiram (purpose no mentioned) 4398 lbs/ 2000 kg) of copper wire was issued for shifting work Tumar river to Mari river) vide DOC-8) through SIT, Kashiram. 1000 kg of copper wire 150 lbs/mile was issued vide DOC 10 to SIT Abdul Quadir for transportation to Bijapur on 30.10.69. As such based on police report work o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
