RAJENDRAPRASAD SHUKLA Vs. CHAIRMAN, COAL INDIA LIMITED

JUDGEMENT

(1.) The petitioner, who is working as Chief Manager (Finance) at the Western Coalfields Limited (WCL) at Nagpur, is assailing the order dated 02-5-2016 of the Chairman and Managing Director, WCL (Disciplinary Authority) of reduction to one stage lower in time scale for one year and the appellate order dated 19-1-2017 of the Chairman and Managing Director, Coal India Limited dismissing the appeal.

(2.) The petitioner contends that he served with Coal India Limited and its subsidiary company WCL from June 1986 to February 2015 with distinction. The petitioner was appointed as Accounts Officer E-2 Grade in 1986 and was lastly promoted as Chief Manager (Finance) E-7 Grade in 2012.

(3.) The petitioner was served with memorandum of chargesheet dated 05-3-2015. The challenge to the disciplinary action is predicated on the assertion that no misconduct is made out on the face of the record. In the context of the challenge, we may note the gravamen of the allegations. Article-I alleges that the petitioner, while functioning as Area Finance Manager, Wani North Area, WCL during 2012-13, committed gross misconduct by abusing his official position and showed undue favour to Shri Sandeep Singh Arora, Director of M/s. BNS. Infrastructure Private Limited, Nagpur by accepting forged bank guarantee against the retention money and not following the guidelines as per the CMC Manual with regard to acceptance of bank guarantee against retention money. Article-I further reads thus :