JUDGEMENT
S.U.KHAN, J. -
(1.)HEARD learned counsel for the parties.
(2.)IN one incident four employees of U.P.S.R.T.C. were involved including the petitioner. The names of other employees are Kavi Mazdoor, Ramman and R.K. Upadhyaya. Disciplinary proceedings were initiated against all of them. The main grievance of the petitioner is that services of the petitioner were terminated through order dated 13.02.2004, however, the other three persons were awarded lesser punishments of stopping of increments and reversion to original pay scale for four or five years. In respect of other three persons it was mentioned in their punishment orders that lenient view was being taken. In case of R.K. Upadhyaya who was fitter, five increments were stopped and adverse entry was awarded. Kavi Mazdoor was placed on initial pay scale for four years while Ramman Safai Karmachari was placed on initial pay scale for 5 years. Petitioner was fitter (Electrical).
The incident occurred in tyre shop Bareilly U.P.S.R.T.C. on 16.10.1999. The allegation is that on the said date Sri R.B.L. Sharma Assistant Regional Manager after taking round of the workshop had reached the office of Manager personnel where Sri Satendra Singh, Manager (personnel), Central workshop, Kanpur was sitting at that time Manager Personnel Bareilly was not present in his office. Thereafter, Sri J.P.Singh Assistant Regional Accounts Officer also came and sat there. Thereafter the petitioner and Kavi Mazdoor came in the said Chamber shouting and abusing and they started beating Sri R.V.L.Sharma, Assistant Regional Manager and Kavi Mazdoor started beating him with wooden pole attached with the sweep, the other two persons present tried to protect Shri Sharma. Petitioner and Kavi Mazdoor took Shri Sharma out of the chamber and started beating. The allegation against R.K. Upadhya and Ramman mere that when Sri Sharma had been dragged out from the chamber, lot of employees including these two persons gathered and these two persons also abused, misbehaved and slapped Sri Sharma. It was further alleged that Sri Upadhya took out a revolver and threatened Sri Sharma with dire consequences in case any action was taken against petitioner or Kavi Mazdoor. Thereafter Shri Sharma made written complaint of the incident and thereafter the petitioner was suspended. Termination order was passed against the petitioner on 13.02.2004 by Manager Personnel (Sewa Prabandhak) Bareilly. Domestic inquiry was held before passing the punishment order and copy of the inquiry report was sent to the petitioner. Against punishment order dated 13.02.2004 petitioner filed an appeal which was dismissed on 04.08.2004. Revision filed against the same was also dismissed on 31.01.205. All these orders have been challenged through this writ petition.
(3.)I do not agree with the argument of learned counsel for the petitioner that due opportunity of hearing was not provided to the petitioner. Petitioner sought and was granted 19 adjournments in the inquiry. Learned counsel for the employer respondent has cited an authority of the Supreme Court reported in MP. Electricity Vs. Jagdish Chandra Sharma 2005(3) SCC 401 holding that if an employee hits his superior officer in the presence of other employees then it amounts to breach of discipline and in such situation dismissal is the only appropriate punishment and it can not be said to be harsh or disproportionate. Similar view has been taken in AIR 2008 S.C. 1612 Kendriya Vidyala Sangathan Vs. Satbir Singh Mahla
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