Dated: 27th February, 2019

Shri Debajyoti Kumar,

Inquiry Authority & CGM/Design,
Corporate Office,
IRCON International Ltd.,
New Delhi-110 017.

Sub:- Charged Officer’s Written Brief in the Disciplinary Proceedings instituted

against Shri Mohammad Munazir Ali, JGM/Civil-Design, Corporate Office.

Ref:- Presenting Officer’s orders dated 19-02-2019.

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Dear Sir,

A charge-sheet Memorandum No. IRCON/HRM/PF/M-0457/100000656 dated 29-

05-2018 was served upon me by Executive Director /Projects as the Disciplinary
Authority (DA).

2. As required, I submitted my reply dated 11-06-2018 to the said charge-sheet

Memorandum denying the charges levelled against me.

3. After considering my defence reply, the DA remitted the case for oral inquiry and
appointed Shri D. Kumar, General Manager/Design, Corporate Office as the Inquiring
Authority (IA) and Mrs. Marzia Fatima, Deputy General Manager/HRM, Corporate Office
as the Presenting Officer (PO) vide Order No. IRCON/HRM/PF/M-0457/10000656 dated
19.11.2018.

4. The Inquiry Authority held the Preliminary Hearing on 12-12-2018. Regular

Hearing was held on 22-01-2019 & 06-02-2019. On conclusion of the Regular Hearing
on 06-02-2019, the IA directed the PO to submit written brief to the IA with a copy to
the Charged Officer (CO) by 13-02-2019 and upon receipt of PO’s brief by the CO, the
CO was required to submit his written brief by 18-02-2019.

5. The PO submitted her written brief dated 19-02-2019 which has been received by
the CO on 20-02-2019.
6. Before offering any comments / remarks on PO’s written brief, I deem it
appropriate to reproduce hereunder the Article of Charge framed against me: -

“Shri Mohammad Munazir Ali submitted his resignation dated 07-03-2018

from services of the company on personal grounds. However, it was revealed later
on that Shri Mohd. Munazir Ali has submitted resignation so as to accept
employment in National High-Speed Rail Corporation Limited (another CPSE under
Ministry of Railways) as Joint General Manager – Design.

Thus, Shri Ali has disclosed a ground in his resignation that he knew is not
true and contrary to the policies of the Company. His application for external
employment is also contrary to the Internal Circular dated 16-02-2017 vide which
a policy decision was taken with regard to non-issuance of NOC to employees of
Company for external employment.

By keeping in dark about his application for external employment

and impending selection in another CPSE and being an important member of Civil
– Design Team in Company Shri Ali has acted in a manner prejudicial to the
interests of the Company.

By the aforesaid acts of omission and commission Shri Mohd. Munazir Ali
has acted in a manner prejudicial to the interests of the Company besides an act
which is subversive of discipline and good behavior thereby amounting to
misconduct within meaning of Rule 5 (5) and 5 (20) read together with 4(1)(i) of
Ircon Conduct, Discipline & Appeal, Rules, 1981.”

7. In reference to the plea submitted by the CO in reply to the charge-sheet

Memorandum dated 29-05-2018 vide his replies dated 11-06-2018 and 26-04-2018, the
PO has stated, “the submissions made therein are not tenable on the grounds that
IRCON vide circular No. 11/2017 dated 16.02.2017 had issued instructions that
considering the increasing work and shortage of manpower in the company, no
application will be forwarded / no NOC will be issued for external employment for a
period of one year. This circular clears the intention of Management that no employee
will be allowed for external employment in this period as the company has shortage of
manpower and workload is increasing in the Company”.
8. In reference PO’s observation / interpretation of the aforesaid circular, I would
like to draw IA’s kind attention to my reply dated 11-06-2018 wherein I have pointed
out that this circular did not prohibit any of IRCON’s employees to submit his / her
application for employment directly. Moreover, this circular unilaterally altered the
terms and conditions of my employment (i.e. an IRCON employee cannot apply for post
in other organization without the prior approval of the Competent Authority) which I
had accepted at the time of joining the Company. By rescinding a clause relating to
forwarding of application for outside employment through proper channel, the
Company shut the door upon me and refrained me from seeking better prospects
elsewhere through the aforesaid circular dated 11-06-2018 which violates my
fundamental right to employment.

9. I deem it necessary to point out and reiterate here that several IRCON employees
during the currency of the aforesaid circular No. 11/2017 dated 16.02.2017 have sought
and secured employment outside the Company prior to the date of my resignation as
well as after I tendered my resignation dated 07-03-2018 from the services of the
Company.

9.1 It is ironical that no objection has ever been raised by the Company to their being
relieved honorably of their respective charge in IRCON notwithstanding the fact that
Circular No. 11/2017 dated 16.02.2018 has all along been in operation during this
period. A list of such employees is enclosed for ready reference – names of the
employees who have been relieved prior to my resignation have been highlighted in
yellow and those who have been relieved subsequently are highlighted in red. I fail to
understand why I have been singled out for disciplinary action although being labelled
as a key-member design team.

10. Incidentally kind attention is also drawn to Hon’ble Supreme Court’s Judgment in
Civil Appeal No.7822 of 2011 wherein the hon’ble Apex Court has held that it is the right
of an employee to resign and he cannot be forced to serve in case he is not willing until
and unless there is some stipulation in the rules or in the terms of appointment or
disciplinary proceedings is pending or contemplated which is sought to be avoided by
resigning from the services.
10.1 In reference to this judgment, it is to be noted that that no disciplinary
proceedings were pending and / or contemplated against me on the date of my
resignation; and the terms and conditions of my employment had been unilaterally
altered by the Company by Circular No. 11/2017 dated 16-02-2017. Moreover, I have
been discriminated vis-à-vis other similarly placed employees who have been relieved
from the services of the Company honorably while disciplinary proceedings have been
instituted against me just to stall my future prospects.

11. The evidence available on record and adduced in the inquiry leads to an
inescapable conclusion that the article of charge framed against me is baseless and
deserves to be dropped forthwith.

Thanking you,

Yours faithfully,

(Mohammad Munazir Ali)

JGM/Civil/Design
In addition to above, some of the official which are selected as waitlisted candidates (for
whom the result is not available to record) to other PSUs are also being released
honorably