BINDESWAR SHAW Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The petitioner, prior to his dismissal from service following disciplinary proceedings, was a security guard of Parbelia Colliery of Eastern Coalfields Limited. In this writ petition dated 13/9/1995, he has questioned the validity and/or propriety of the order of dismissal from service dated March 31, 1995 (Annexure E) issued by the Superintendent/ Manager, Parbelia Colliery as well as the proceedings of enquiry preceding the order of dismissal.

(2.) It appears that the petitioner was charged with misconduct in terms of provisions contained in clauses 17(i)(a) and 17(i)(i) of the Standing Orders. The charge-sheet that was issued against him reads as follows: <FRM>JUDGEMENT_53_TLCAL0_2010Html1.htm</FRM>

(3.) It appears from the report dated February 23, 1995 of the Enquiry Officer i.e. Deputy Personnel Manager, Dubeswari Colliery that the petitioner had submitted two replies, one on 24/1/1995 and the other on 3/2/1995. He had also given his statement during preliminary enquiry, which was recorded. The Enquiry Officer while writing his report considered the replies and the statement of the petitioner. The Enquiry Officer concluded his report by holding that the petitioner was guilty of misconduct under clause 17(i)(a) of the Standing Orders, though not guilty of the other charge of causing damage.