Ashis Lohar vs Bharat Petroleum Corporation ...
2021 Latest Caselaw 2271 Cal

22-03-2021
 ct no. 13
  Sl.10
   sp

                            WPA 7955 of 2016
                       (Through Video Conference)
                                  With
                             CAN 2 of 2021

                               Ashis Lohar
                               -Versus-
              Bharat Petroleum Corporation Ltd. & Ors.

             Ms. Nandini Mitra,
             Mr. Sanjay Saha
                                             ....for the petitioner

             Mr. Kushagra Shah,
             Mr. Janardan Mandal
                                            ...for the respondents

CAN 2 of 2021 has been filed by the

employer Bharat Petroleum Corporation Ltd., inter

alia, submitting that the management has allowed

the petitioner to engage a person of his choice

within the Corporation to defend him in the

pending departmental proceedings.

There is therefore, no impediment for the

enquiry to continue.

Ms. Mitra, learned counsel appearing for the

petitioner relies upon a certified Standing Order of

the BPCL particularly No. 30.4 in this regard. In

the last three lines of the second paragraph, it is

expressly mandated that a defence representative

shall be given time off for the conduct of the

enquiry.

The aforesaid clearly implies that the

defence representative chosen by the writ

petitioner to defend him in the inquiry shall be

afforded appropriate leave by the management, to

participate in the pending department enquiry.

In that view of the matter, nothing further

remains to be adjudicated in the instant writ

application.

It is ordered that the departmental enquiry

against the petitioner must be concluded within a

period of 3 months from date.

With the aforesaid observations, WPA 7955

of 2016 and the connected application are

disposed of.

Except as above, all other interim order, in

the matter, shall stand vacated.

There shall be no order as to costs.

Affidavit of competency filed by the

respondents be kept with the record.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties upon

compliance of all formalities.

(Rajasekhar Mantha, J.)