NDLI: Bharat Petroleum Corporation Limited and Others Vs. Anil Padegaonkar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bharat Petroleum Limited Conduct
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Bharat Petroleum Limited Conduct, Discipline and Appeal Rules for Management Staff, 1976 – rr.3(e), (g), (h) – Part III B(2)(e), (f); Part III-A, Clauses 6 & 10; Part III-F(1), (23); Sr.1(a), (b) of Schedule I – Respondent was working as Aviation Officer at the General Aviation Service Station, Gwalior, in the management cadre in Job Group ‘A’ – Charge-sheet issued to him by Deputy General Manager (Aviation) alleging that fresh sand particles were found in all the 10 fuel tanks after his duty hours – Fresh chargesheet issued w.r.t his absence from duty – Respondent discharged from service – Departmental appeal was rejected – Single Judge ordered remand – Corporation was granted liberty in appeal to issue fresh charge-sheet w.r.t first charge and to pass a lesser order of punishment w.r.t second charge – Held: Respondent was posted at Air Force Station Gwalior – Nature of his duties had an inherent seriousness – A finding of guilt was arrived at by enquiry officer w.r.t both the charges – In his departmental appeal, respondent raised no issues of procedural irregularity with consequent prejudice – Common order of punishment of ‘discharge’ from service followed u/Part III B(2)(e) of the Rules – No order of ‘dismissal’ was passed u/Part III-B (2) (f) – If the Corporation was of the opinion that ‘dismissal’ was the appropriate punishment in the facts of the case nothing prevented it from stating so – High Court fell in serious error by opining that the employee had been ‘dismissed’ from service and on that premise arrived at the conclusion that the charge-sheet was incompetent in absence of it having been issued by Functional Director, the disciplinary authority for punishment of dismissal only – First charge-sheet was issued by an authority competent to do so – Order of discharge calls for no interference – Direction for issuance of fresh chargesheet is set aside – Service Law.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2020 INSC 295
Petitioner	Bharat Petroleum Corporation Limited And Others
Respondent	Anil Padegaonkar
SCR	[2020] 5 S.C.R. 201
Judgement Date	2020-03-17
Case Number	9778

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