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TMI Blog1997 (2) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... otherwise of such claims, a vigilance enquiry was held by the office of Chairman of the Corporation (Indian Oil Corporation Ltd.) which unearthed a racket of its employees claiming reimbursements on presenting false medical bills. The report was accordingly submitted by the vigilance department to the Corporation identifying the respondent as the organiser and the principal man behind the said racket amongst other employees of the Corporation. The Corporation after obtaining the approval of its Chairman on April 10, 1984 lodged the FIR of forgery and cheating by preferring claims on the basis of false medical prescriptions from Dr. Mrs. Puja Kundra and false medical bills showing the purchase of various medicines. The vigilance department also suggested to initiate proceedings against the employees who obtained the benefits by cheating the Corporation. This action was suggested under the Conduct, Discipline and Appeal Rules, 1980 of the Indian Oil Corporation Ltd. (for short CDA Rules ). 4. Pursuant to the FIR lodged on April 10, 1984, the investigating agency on completing the investigation filed a charge sheet in the court of Metropolitan Magistrate, Faridabad on May 1, 1985 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sentation of the respondent was pending when the writ petition was filed, the High Court vide its order dated August 28, 1989 directed the Corporation to dispose of the respondent s representation expeditiously. In pursuance of the directions issued by the High Court, the Corporation considered the representation filed by the respondent and opined that having regard to the facts and circumstances of the case, it was necessary to hold a departmental enquiry against the respondent. The Corporation, therefore, in exercise of its power under Rule 26(4) CDA Rules directed that the departmental enquiry be held against the respondent and he be deemed to be under suspension from the date of his dismissal order dated February 21, 1989. 7. The Corporation on February 22, 1990 charge sheeted the respondent for gross acts of misconduct which in the opinion of the Corporation constituted acts of dishonesty in connection with the business or the property of the corporation and acts subversive of discipline and good behaviour. On service of the charge sheet, the respondent submitted his reply on March 5, 1990 which was considered being not satisfactory by the Corporation. The Corporation, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent was directed to contact the finance department for collecting his dues, if any, on any working day within a period of one month from the date of issuing the order. 10. The respondent on July 23, 1992 filed an appeal against his order of dismissal from service to the Appellate Authority who after considering the grounds taken up in the appeal memo and other materials on record, vide its order dated September 28, 1992, dismissed the said appeal. 11. The respondent being aggrieved by the order passed by the Appellate Authority on September 23, 1992 filed yet another writ petition being CWP No. 13934 of 1992 before the Punjab Haryana High Court challenging the legality and correctness of the order of dismissal dated September 28, 1992 passed by the Appellate Authority. The first appellant-Corporation filed the detailed written statement pleading, inter alia, that the writ petition was not maintainable since the respondent had already filed the writ petition No. 3170 of 1992 and this court cannot sit over the order of the Disciplinary Authority as an Appellate Court/Authority. The respondent had not exhausted the alternative remedy available under the Industrial Disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeals urged that the High Court had committed a serious jurisdictional error while interfering with the order of dismissal dated July 21, 1992 and order dated February 21, 1989 removing respondent s name from the rolls of R D Centre. He urged that the High Court could not have re-appreciated the evidence adduced by the parties during domestic enquiry and interferred with the findings recorded by the Enquiry Officer and affirmed by the Disciplinary Authority. The High Court cannot sit over the findings of the Enquiry Officer as an Appellate Court/Authority and, therefore, the impugned judgments of the High Court are unsustainable. He, therefore, prayed that the appeals be allowed and the impugned orders passed by the High Court be quashed and set aside. 16. The respondent Mr. Ashok Kumar Arora appeared in person and tried to justify the orders passed by the High Court. He submitted that the Enquiry Officer had totally misconstrued the materials on record and erroneously found him guilty of the charges levelled against him. There was no sufficient material before the Enquiry Officer to hold him guilty of misconduct and, therefore, the High Court has rightly interferred with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty was awarded to them. The respondent contested the charges levelled against him and denied that he was instrumental in cheating or committing forgery of the medical bills. On consideration of report and findings of the Enquiry Officer, the Disciplinary Authority took a lenient view in respect of other employees. Having regard to the involvement of the respondent in the entire episode, the Disciplinary Authority awarded him the penalty of dismissal from service. The order of dismissal passed by the Disciplinary Authority against the respondent was also affirmed by the Appellate Authority. Curiously enough, the High Court in its impugned judgment compared the case of the respondent with the other employees who have been awarded a lesser penalty and opined that there is a discrimination resorted to by the Disciplinary Authority in the matter of awarding the punishment. It is this action of the Disciplinary Authority in awarding the penalty being discriminatory and violative of Article 14 of the Constitution. In support of this reasoning, the High Court placed reliance on the decision of this Court in Sengara Singh and others Vs. State of Punjab and others, 1983 (3) S.L.R. 685 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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