COAL INDIA LIMITED Vs. ARUN KUMAR

JUDGEMENT

(1.) Heard Mr. Vivek Ranjan Tiwari, learned Senior Advocate assisted by Mr. Vaibhav Shukla, learned counsel appearing for the appellants/SECL.

(2.) This is an intra Court appeal presented against an order dtd. 3/1/2024 passed by the learned Single Judge in WPS No. 2237 of 2023 (Mr. Arun Kumar vs. The Chairman, Coal India Ltd. and others), whereby, the writ petition filed by the writ petitioner / respondent herein was disposed of by the learned Single Judge.

(3.) Brief facts of the case are that the respondent was appointed as Dumper Operator in Gevra Project, SECL, in the year 1983. He was transferred from Gevra to Sohagpur, Amlayi, Open Cast Mine 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 respondent has made various representations regarding his safety at the work place. It was alleged that the respondent 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 respondent was served with following charges:-