KAMAL PRASAD SINGH Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The Court : The petitioner came up to this Court with a contention that copy of the enquiry report has been sent to the Appellate Authority, although, Appellate Authority has no roll in the matter of the disciplinary proceeding against the petitioner as the disciplinary authority itself issued a charge-sheet and under the Rules only disciplinary authority can pass the final order, Reliance was placed on the document annexed to the writ petition in support of such contention.

(2.) Heard Mr. P. Sengupta, learned counsel for the petitioner and Mr. A. Banerjee, learned counsel for the respondents. As the contentions have been made on the basis of the Rules admittedly applicable in the present case, the respondents agreed to disposal of the writ petition at this stage finally without filing any Affidavit-in-Opposition, though they do not admit the allegation made in the writ petition.

(3.) The learned counsel for the petitioner contended that in the present case, the Chairman of the Bharat Coking Coal Limited issued a charge sheet against the petitioner and he appointed the Enquiry Officer, In such circumstances, it is stated, action has been taken under paragraph 3 of the Schedule under Rule 27.0 of the Coal India Executive Conduct Discipline and Appeal Rules, 1978.