RAM MISHRA Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) The Petitioners, being aggrieved by the order dated 31.3.2004 (Annexure R/3 and R/3-A), passed by the Chief General Manager, Bhatgaon Area, South Eastern Coalfields Limited (SECL), whereby the Petitioners were removed from service w.e.f. 1.4.2004, have filed this petition impugning the said orders and seeking quashing of the charge-sheets dated 20.12.2003 and 10.12.2003 (Annexure P/l and P/2).

(2.) The material facts, leading the filing of this petition may shortly be stated as follows. The Petitioners were convicted for offences punishable under Sections 304-B read with 34 and 201 of the Indian Penal Code for having committed the dowry death of daughter-in-law of the Petitioner No. 1 and have been sentenced to undergo rigorous imprisonment for 7 years and rigorous imprisonment for two years with payment of fine of Rs. 500.00, in default of payment of fine amount three months simple imprisonment, each, respectively, vide judgment dated 7.11.2003 passed by the 3rd Additional Sessions Judge, Soorajpur, District-Surguja (F.T.C.) in Sessions Trial No. 393/2001. The appeal filed thereon, being Criminal Appeal No. 203/2003, is pending consideration before this Court, wherein the sentences imposed upon the Petitioners have been suspended vide order dated (13.11.2003 (Annexure P/ll).

(3.) According to learned Counsel for the Petitioners, the Petitioners made an application to the Respondents/Coalfields Limited for permitting them to join their duties. No order, according to the Petitioners, was passed on the said application. The charge-sheets dated 20.12.2003 and 10.12.2003 were issued to the Petitioners to the effect that their conviction in the criminal Court amounts to misconduct and they were called upon to submit their explanation to the charges, as to why they should not be removed from service ? The Petitioners submitted their reply dated 7.4.2004 (Annexure P/ 5 and P/6), separately, admitting that the Petitioners have been convicted and sentenced by the trial court, the appeal against the judgment passed by the trial court is pending and the sentences imposed upon them have been suspended, as stated above. It was further stated that as per Clause 26.8 of the Standing Orders, the conviction does not involve moral turpitude. It is submitted that proper enquiry be held before taking any action against them.