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Judgment
SUNIL GAUR , J.
Impugned order of 1st July, 2015 (Annexure P-2) inflicts penalty of ‘removal from service’ upon petitioner, who was working as Executive
Operations at Mathura Installation in respondent-Corporation. The allegations against petitioner were of excess/over filling of the tanker in question for
which he had no explanation to offer. Consequent upon the departmental inquiry, the Inquiry Officer had come to a conclusion that petitioner had
allowed the driver of the tanker in question to purposely fill excess petroleum product (which is highly inflammable and hazardous) over and above the
dip line for personal gains at the cost of corporation and in this manner, petitioner had put the safety of tank/lorry and its crew and Mathura Installation
in danger as any mishap due to over filling of the hazardous petroleum product in the tank/lorry would have blemished company’s brand image.
Terming the misconduct of petitioner as dishonest, malicious and with corrupt intent, penalty of ‘removal from service’ has been inflicted upon
petitioner, which is under challenge in this petition.
2.Despite service of advance notice, there is no Representation on behalf of contesting Respondent No. 2.
3.The departmental proceedings initiated against petitioner are under the Bharat Petroleum Corporation Management Staff (Conduct, Discipline and
Appeal) Rules, 1976. As is evident from the aforesaid Rules, impugned order is appealable. Though this petition has been filed nearly after three
years, but in the facts and circumstances of this case, it is deemed appropriate to permit petitioner to file an appeal against impugned order before the
Appellate Authority within three weeks from today. If any such appeal is filed by petitioner, then it be considered by Appellate Authority on merits
while not insisting upon the delay aspect. It is expected that the appeal so filed, shall be expeditiously considered and decided.
4.Second respondent be apprised of this order forthwith, to ensure its compliance.
5.With aforesaid directions, this petition and the application are accordingly disposed of. Copy of this order be given dasti to petitioner’s counsel.