EASTERN COALFIELDS LTD Vs. AMARESH ROY

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned single Judge dated March 25, 1997 whereby the learned Judge allowed the writ petition and held that the petitioner has been dismissed from service in utter violation of natural justice. Rules contained in CTA Rules, Articles 14 and 21 of Constitution of India, and quashed the order of dismissal. By the said order, the learned Judge further directed the respondents to pay the salaries of the writ petitioner from the date of dismissal till the date of judgment within six weeks from date.

(2.) The short facts involved in this appeal inter alia are that the writ petitioner/respondent No.1 at the relevant time was the Manager of Central Kajora Colliery (ECL), a subsidiary of Coal India Ltd. on 11.11.1994 at about 8.20 A.M. in the first shift the Pump Khalasi Khirod Ghosh reported that one winding engine Khalasi was present at pit No.2. As such, the petitioner/respondent No.1 and Kirod Ghosh went to No.2 pit and they observed haze (smoke) coming out of the No.2 pit top and both of them had suspected heating of coal. Immediately the petitioner/respondent No.1 took the cap-lamp and got himself ready for going down the mine and while he was rushing to the pit No.2, he saw Sri B.K. Nandi, an experienced Mining Sardar and a competent official, whom he directed to go down the mine and took out all the workers of the previous shift and also directed Sri S.K. Bakshi, Executive Engineer (Electrical Mechanical), Sri Abhoy Paul (Rescue Trained Overman) and Sri S.P. Das (Electrical Supervisor), all are competent officials of the said colliery, to go down the mine and assess the magnitude of heating and further directed them to cut off the electric connection of the underground working and to stop ventilating fan immediately and not to allow anybody to go down the mine. Thereafter, as the telephone in the mine was dead and the wireless was not working, the writ petitioner/respondent No.1 had to rush to the office of the General Manager so that the rescue team and other officials may be sent to investigate and to take precautionary measure. Accordingly, the rescue team came and inspected that there was no injury to any person nor was there any death nor was any property of the appellant-company damaged.

(3.) On 14.11.1994 the writ petitioner was transferred to the office of the General Manager, Kajora Area, to work as Senior Mining Engineer. Thereafter he was again transferred to Parascole West Colliery as Safety Officer to work under the Manager on 2.5.1995. The said transfers were punitive transfers as evident from the minutes of the tripartite meeting of the safety committee dated 19.11.1994.