O.P. MANCHANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed under Articles 226 and 227 of the Constitution of India for the quashment of charge sheet/memorandum dated 20th September, 1991 (Annexure -A) and to quash disciplinary proceedings initiated against the petitioner on the basis of the charge memorandum dated 20th September, 1991. Later on, on account of subsequent events, the petition has been amended and the petitioner has sought the quashment of the order of punishment, dated 15 -4 -1997 (Annexure -H) and further sought relief to direct the respondents to pay the gratuity with compound interest @ 18% per annum. The petitioner has further prayed that interest be paid to him on the leave salary of Rs. 63,743.60 for the period from 1 -10 -1990 to 8 -8 -1997 @ 18% compound interest per annum.

(2.) THE unfolded facts are that the petitioner was an employee of Coal India Limited (respondent No. 2) and retired from his service with effect from 30 -9 -1991 on attaining the age of superannuation. He retired from the post of Director (Technical) in Northern Coalfields Limited and was posted at Singraull at the time of his last date of his service. In August, 1977 the petitioner was posted as Additional Chief Mining Engineer and was functioning as General Manager in Kusunda area. In the year 1981 he was promoted to the post of Chief Mining Engineer. Later on, in the year January, 1986 again he was promoted on the post of Chief General Manager and finally he was promoted in December, 1987 on the post of Director (Tech.), this post was being held by the petitioner till he retired on 30 -9 -1991. According to the petitioner, his entire service career remained unblemished and he worked up to the mark with an excellent career and after playing successful inning of his service career, he was spot -lessly retired on 30 -9 -1991. The petitioner after his retirement received a charge sheet on 4 -10 -1991 (Annexure -A). It be seen that the charge memorandum is dated 20 -9 -1991 i.e. 10 days earlier to the date of the petitioner's retirement. On going through the charge -sheet, it is revealed that while working as General Manager in Kusunda area during 27 -8 -1977 to 2 -7 -1978 i.e. near about 15 years prior to the date of retirement, the petitioner had committed certain irregularities which according to the management amounted to gross mis -conduct and, therefore, the aforesaid memorandum was issued to the petitioner under Rule 29 of the Conduct, Discipline and Appeal Rules, 1978 applicable to the executives of Coal India Limited.

(3.) REFUTING the charges, the petitioner submitted the representation on 14 -10 -1991 (Annexure/B) raising an objection therein that proceedings cannot be initiated against him after his retirement. The respondent on going through the reply/representation of the petitioner appointed respondent No. 3 as enquiry officer to conduct the departmental enquiry. Since the departmental enquiry was pending against the petitioner, after his retirement the retiral dues like gratuity, leave encashment etc. was withheld. After the memorandum and the charge sheet was served on the petitioner, he filed the present writ petition before this Court on 30 -4 -1992 and requested the authorities that since writ petition has been filed, the disciplinary action be stayed till the disposal of writ petition. This prayer was made by the petitioner by submitting an application dated 18 -1 -1996 (Annexure -F) addressed to Under Secretary, Government of India, Ministry of Coal, New Delhi. The same prayer was also made to Minister of Coal, Government of India on 18 -1 -1996 (Annexure -G). According to the petitioner, without considering his reply vide order dated 15 -4 -1997 (Annexure -H) the respondent imposed a punishment of stoppage of 100% gratuity. Against the said order, the petitioner submitted a memorandum to Minister for Coal on 28 -4 -1997 (Annexure -I) but no order has been passed on it. As per averments made in the petition, the leave salary of Rs. 63,743.60 which was due from 1 -10 -1991 to 8 -8 -1997 was paid on 8 -8 -1997 and for no reason, the petitioner was deprived to reap the fruits of leave salary for a years together.