Sanjay Kumar vs Bharat Heavy Electrical Limited

Ravindra Maithani, J

The petitioner was appointed as Artisan Grade III in Bharat Heavy Electrical Limited (for short “BHELâ€). He was caught red-handed while

writing an examination for the post of Artisan (welder grade) impersonating one Mayank Kumar. The departmental proceedings were initiated against

him, according to the BHEL Conduct, Discipline and Appeal Rules, 1975 (for short “Rulesâ€). Finally on 05.04.2019, the petitioner was removed

from service. He preferred a statutory appeal on 06.05.2019 to the respondent. The instant petition has been filed by the petitioner seeking directions,

so that the respondent may decide and pass speaking and reasoned order on the appeal filed by the petitioner within a stipulated time, as given under

the Rules.

Learned counsel for the petitioner would submit that the instant petition may be decided at the stage of admission itself because the petitioner is not

seeking any other indulgence of the Court except reminding the respondent Rule 32 of the Rules, which mandates that the departmental appeal should

be decided within a period of three months. Rule 32 of the Rules, inter alia, provides that “the appellate authority shall consider whether the

findings are justified or whether the penalty is excessive or inadequate and pass appropriate orders within three months of the date of

appealâ€​.

Having considered, this Court is of the view that at the stage of admission itself the petition may be disposed of by reminding the respondent of Rule

32 of the Rules which prescribes a time frame, within which the appeal should be decided.

The respondent is directed to decide the appeal filed by the petitioner against the order of the removal dated 05.04.2019 as expeditiously as possible

in accordance with the Rules.

With the aforesaid observations, the instant petition stands disposed of accordingly.