R.P. PANDEY Vs. SOUTH EASTERN COALFIELDS LTD.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:-

(2.) The admitted facts between the parties are that a charge-sheet dated 16. 04. 2005 (Annexure-P/1) was issued against the petitioner which was followed by a domestic enquiry. At the end of enquiry, by order dated 27/29. 08. 2009 a punishment of dismissal from service was inflicted on the petitioner. Since petitioner's departmental appeal was not decided, the petitioner filed W. P. No. 9654/2009 which was disposed of by this Court on 13. 11. 2009 by directing the respondents to decide the pending appeal expeditiously.

(3.) Indisputably, in the meantime, the petitioner entered into a settlement in the prescribed form as per Industrial Disputes Act , 1947 on 31. 03. 2010 (Annexure-P/3). In furtherance of this settlement, the office order dated 06. 04. 2010 (Annexure-P/3) was issued. Thereafter employer by order dated 15/16. 06. 2011 (Annexure-R/1) decided to recover an amount of Rs. 1,32,583. 50/- from petitioner arising out of said charge-sheet by treating it to be an amount of "misappropriation".