SOUTH EASTERN COALFIELD LIMITED Vs. ANIL KUMAR

JUDGEMENT

(1.) Challenge in this writ appeal is to the order dated 27.06.2018 passed by learned Single Judge in Writ Petition (S) No.4193 of 2018 whereby the learned Single Judge allowed the writ petition and set aside the charge-sheet issued by the appellant-company against the respondent-employee granting liberty in favour of appellant- company for issuing a fresh charge-sheet in accordance with Standard Standing Order.

(2.) Facts of the case, in nutshell, are that, respondent-employee was appointed on the post of General Mazdoor Category-1 vide order dated 08.01.2008 as land oustee under the relevant R&R Policy. It was submitted that respondent-employee was appointed in service being maternal grandson of Mitthu Lal. After his appointment, one complaint was received by the office of appellant- company against respondent-employee that Anil Kumar was appointed as Vice President in Janpad Panchayat, Baikunthpur and one Vimal Kumar was working with appellant-company in the name of Anil Kumar. The complaint was forwarded to concerned Police Station and Crime No.91/2016 for the offence punishable under Sections 419 and 420 of Indian Penal Code has been registered against him. The complaint as received by appellant-company was examined by Officers of the Company. After enquiry, appellant- company also found some substance in the complaint that respondent-employee got employment by impersonating him to be Anil Kumar whereas he is not Anil Kumar, but Vimal Kumar and Anil Kumar is his brother.

(3.) The appellant-company issued charge-sheet on 20-21.09.2016 mentioning that respondent-employee is working against the appointment of Anil Kumar Jaiswal whereas Anil Kumar Jaiswal after contesting the election of Janpad Panchayat, Baikunthpur, was elected as Vice President and discharging duties of Vice President. In the said charge-sheet, it has been mentioned that aforementioned act of respondent-employee comes under 'misconduct' as per Sections 26 .01 and 26.09 of the Standard Standing Order.