Document Fragment View
Fragment Information
Showing contexts for: sr.toa in Bharat Sanchar Nigam Limited And Others vs Subhash Chand Gupta on 15 October, 2015Matching Fragments
1. By way of the present petition, the petitioners challenge the order dated 04.04.2014 passed by the learned Central Administrative Tribunal, Principal Bench at New Delhi in O.A. No. 3067/2012, whereby the Tribunal quashed and set aside the order passed by the Disciplinary Authority dated 16.05.2012 and the order passed by the Appellate Authority dated 30.06.2012.
2. To appreciate the controversy at hand, it would be necessary to give a brief gist of the facts. The respondent i.e. Shri Subhash Chand Gupta, was posted as Sr. TOA (P) under the SDE (Phones), City Centre, now SDE (Phones), Shiv Chowk O/o GMTD Muzaffarnagar. Proceedings were initiated against the respondent under Rule 36 of the Bharat Sanchar Nigam Limited (BSNL) Conduct, Discipline and Appeal Rules, 2006. The substance of the imputations of misconduct or misbehaviour in respect of which the enquiry was proposed to be conducted against him was as under:-
"Article-1 That the said Shri Subhash Chand Gupta, while posted and functioning as Sr.TOA(P) under the then SDE (Phones), City Centre, now SDE (Phones), Shiv Chowk O/o GMTD Muzaffarnagar during the period 01.06.2004 to 31.07.2004 committed following irregularities while discharging his duties, which amounts to misconduct.
During the period the said Shri Subash Chand Gupta, Sr. TOA (P) under the then SDE (Phones), City Centre, now SDE (Phones), Shiv Chowk was found guilty for submission of forged LTC Bill of his three family members from Muzaffarnagar to Kanya Kumari for block year 2002-05 on forged documents of tourism department. The tourism permit was not issued by ARTO Fatehpur to the bus by which the journey was performed by his family members from Muzaffarnagar to Kanya Kumari. As per tour programme, the bus No.UP-78 AN 0601 had gone to Kanya Kumari via Gwalior. The said bus has also not passed from the Transport Check Post Baretha, Dhaul Pur, Rajasthan during tour programme 19.06.2004 to 04.07.2004 while going to Gwalior, thereby violated Rule 5(31) of BSNL CDA Rules-2006.
Thus by his above acts, the said Shri Subhash Chand Gupta. Sr. TOA (P) under the then SDE (Phones), City Centre, now SDE (Phones), Shiv Chowk, O/o GMTD, Muzaffarnagar failed to maintain absolute integrity and acted in a manner which is unbecoming of a company employee, thereby contravened the provisions of Rule-4 (1)(a) & 4(1)(c) of BSNL CDA Rules-2006."