CENTRAL COALFILEDS LTD. Vs. ARUN KUMAR SHUKLA

JUDGEMENT

(1.) The Appellants have preferred this appeal under Clause 10 of the Letters Patent against the order dated 29-7-2003 passed by the Writ Court in W.P. No. 1790/2003, whereby the petition filed by the present Respondent has been allowed.

(2.) Briefly stated the facts are that the Respondent joined the service of Coal India Limited in the year 1967 and thereafter in due course he was promoted as General Manager, Dhori where he joined on 20-11-1993. He joined Girden Area on 10-9-1996 and remained there upto 6th May, 1997 as General Manager. Subsequently he was promoted as Chief General Manager vide order dated 13th November, 1997 and he is continuing to work as such on various posts. The Respondent had good academic career and excellent service record and on the basis of his outstanding performance in the Coal Industry quick promotions were granted to him. When he joined at Giridih Area of Central Coalfields Limited on 10th September, 1996, he was totally new to that area. C.C.L. is an independent subsidiary Company and has Board of Directors which consists of Chairman-cum-Managing Director, Director (Personnel), Director (Finance), Director (Technical) etc. Director (Personnel) is complete incharge of all Personnel matters including appointment, promotion, transfer, welfare etc.

(3.) It is stated that the Director (Personnel) proposed for engagement of an employee on temporary basis to look after the Rest House at Jayanti Coal Mines. Shri B.K. Roy submitted an application on 7-10-1996 for employment to look after the job of Care Taker. On the direction and approval of Director (Personnel), Shri B.K. Roy was given contract work on a consolidated remuneration of Rs. 2500/- per month for a period of six months. The Respondent being totally new to that area was required to work under the supervision and instructions of Director (Personnel). Any disobedience of such directions/instructions would have amounted to misconduct. The Respondent merely complied with the instructions of the Director (Personnel) in the matter of engagement of Shri B.K. Roy on contract basis. Subsequently the Respondent came to know that Shri B.K. Roy was brother of the then Director (Personnel). Director (Personnel) wrote a letter dated 18th March, 1997 approving engagement of Shri B.K. Roy for a further period of six months. On the basis of said direction, order dated 4th May, 1997 was issued by the Respondent thereby extending the period of contract of Shri B.K. Roy for six months with a direction to complete all winding up operations of the said transit camp in as much as no further extension would be given thereafter. The Respondent was transferred from the Giridih Area on 6th May, 1997.