CHENNAI: The Madras High Court has ordered the reinstatement of an employee of the Ordnance Factory with lesser punishment almost 15 years after he was asked to take compulsory retirement on charges of doubtful integrity after finding him keeping in possession a computer floppy containing copies of official communications without any authorisation.
A division bench of Justices MS Ramesh and N Senthilkumar passed the orders recently to reinstate K Saravanan, an upper division clerk employed with the Heavy Alloy Penetrative Project, Tiruchy, an arm of the Ordnance Factory Board.
He was asked to go on compulsory retirement on July 26, 2011 by the management for violation of the Rule 11 of Central Civil Services (Conduct) Rules, 1964. He approached the CAT against the order.
The tribunal found that there was nothing to question the employee’s integrity and the punishment was “shockingly disproportionate and vindictive”. It set aside the order of compulsory retirement with the rider of a lesser punishment.
During arguments in the high court, the management submitted that the Ordnance Factory is linked to national safety and the charges were serious.
The bench reasoned, “Even assuming that the photocopies were in the personal possession of the employee, no consequential prejudice was caused to the management, since he had not shared such official communications with any third person. In this view of the matter, both the charges can only be held to be minor in nature, which may not warrant the maximum penalty.”
The bench ordered his reinstatement with a minor penalty within three months.