DASHRATH PATIL Vs. WESTERN COAL FIELD LIMITED

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India the petitioner is challenging the pregnability of impugned order Annexure P/12 dated 17. 1. 2003 passed by respondent No. 2 dismissing the petitioner from his service.

(2.) THE petitioner was subjected to a departmental enquiry and the charge which was framed against him was in regard to unauthorized occupation of company quarter which was allotted to some other employee, namely, Mangu. The charge was found to be proved, as a result of which the petitioner was punished by the order of dismissal from service (Annexure P/2 ).

(3.) IT has been contended by learned Counsel for the petitioner that a notice was issued to the petitioner to vacate the company quarter against which he filed a writ petition before this Court which was registered as Miscellaneous Petition No. 3824/1992 (Dashrath Patil and Ors. v. General Manager, Shobapur Mines, Sub Area Western Coal Fields and Anr. ). The division bench of this Court on 16. 11. 1992 passed an interim order directing respondents not to dispossess the petitioner No. 1 i. e. present petitioner from the quarter in his occupation until further orders. By inviting my attention to averments made in the petition in para 3 it has been mentioned that this petition was dismissed on account of want of prosecution on 25. 6. 2002. thus, the stay order was continued for 10 years. It has been contended by learned Counsel that on account of stay order he was possessing the quarter and thereafter the departmental enquiry was initiated. It has been further contended by learned Counsel that without paying any heed to annexure P/3 which is a stay order of the division bench of this Court dated 16. 11. 1992 the impugned punishment order Annexure P/12 has been issued. Hence it has been prayed that the impugned order be quashed.