ARUN KUMAR Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the order dtd. 2/4/2022 passed by the Respondent No. 3 by which it has affirmed the order dated 15/22/3/1995 passed by disciplinary authority whereby the services of the petitioner were terminated.

(2.) Brief facts as reflected from the records are that the petitioner was appointed as Dumper Operator in Gevra Project, SECL, in the year 1983. He was transferred from Gevra to Sohagpur, Amlayi, Open cast mines vide order dtd. 20/1/1993. He joined there on 13/2/1993 and thereafter he made an appeal before the Managing Director of the company regarding his safety at Sohagpur area as he has suffered the incident at the work place on 14/1/1992. Thereafter, he was again transferred from Sohagpur to Chirmiri. The petitioner has made various representations regarding his safety at the work place. It was alleged that the petitioner did not join at Chirmiri and he remained unauthorized absent from duty from 16/3/1993. Therefore, he was served with charge sheet dtd. 22/9/1994 wherein charges were levelled for committing serious misconduct as provided in Clause 26.30 of the Standing Orders of the Company. The petitioner was served with following charges:-

(3.) Charge sheet was issued for service on following address 'Arun Kumar s/o. Manshalchand, Senior Dumper Operator, -B/184, Urja Nagar, P.O. Gevra Project, District Bilaspur (MP) 4954452. The respondent appointed Senior Manager Amalayai Open Cast Mines as Enquiry Officer and Engineer (excavation) as Management representative vide its order dtd. 21/12/1994. The Inquiry Officer issued notice to the petitioner for his appearance in the enquiry proceedings on 30/12/1994 vide notice dtd. 26/12/1994 and thereafter issued notice for appearance on 6/1/1995. No notice was served upon the petitioner as the notice was returned with endorsement 'not found returned to sender'. Thereafter, notice was published in daily newspaper 'Samay' which was published from Shahdol wherein the address of the petitioner was mentioned as B/184 Urja Nagar, Gevra Project, Bilaspur (M.P.). By the said notice, the petitioner was directed to appear for inquiry on 20/1/1995.