TAPESHWAR MANDAL Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The appellant had challenged the issuance of charge-sheet dtd. 29/10/2021 by respondent No.4 before learned single Judge in W.P.(S) No. 2595/2022, which has been dismissed at motion stage itself on 12/4/2022, and thus the very order passed by learned single Judge is under challenge in the instant writ appeal.

(2.) The case, in a nutshell, is that, First Information Report (F.I.R.) was registered against the Officers of DGMS Dhanbad on the charges of criminal conspiracy, for issuance of "Sirdar's Certificate" to various employees of the department and based upon such fake and forged certificates, several persons have obtained employment under the various units of the respondent's establishment. The allegation against the appellant is that he impersonated as Sahdeo Prasad and appeared in the Sirdar's Certificate examination. Though, the certificate was named upon Sahdeo Prasad, but the photograph of the appellant was affixed over it. Later on, the photograph was also changed by counterfeiting the certificate. The scam was busted by CBI/ACB and final report was filed before the Special CBI Court, Dhanbad against many officers of the respondent's department including the appellant. Respondent No. 4 got information regarding filing of charge-sheet for the offences punishable under Sec. 120B read with Sec. 420, 468 and 471 of the Indian Penal Code, 1860 and Sec. 13(2) and 13(1) (d) of Prevention of Corruption Act, 1988 against the appellant and other accused persons. Thereafter, respondent no. 4 issued Article of Charges against the present appellant on 29/10/2021. The Article of Charges was issued for violation of Clause 26.1, 26.22 and 26.39 of Certified Standing Orders of the South Eastern Coalfields Limited (for short 'SECL'). The appellant applied for anticipatory bail and same was granted by the High Court of Jharkhand at Ranchi vide order dtd. 11/1/2022. The appellant challenged the issuance of Article of Charges by the Sub Area Manager, Kurja Sub Area, SECL, Hasdeo Area, Post Bijuri, District Anuppur (MP) on the ground that the charges are totally vague, complete details in respect of alleged misconduct have not been provided, the material documents have not been supplied and charge-sheet has been issued at a much belated stage.

(3.) The respondents appeared before the learned single Judge on advance copy and on the first date of hearing, at motion stage itself, the petition was dismissed, where the respondents took a plea that charges are quite serious in nature and the courts should be slow in interfering disciplinary proceedings particularly at the show cause or at the charge-sheet stage.