ARJUN HAZRA Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The instant writ application is filed by the petitioner praying as under;

(2.) By the order impugned in the instant writ application being annexure E, the petitioner was informed that he is dismissed from service. The impugned order recites that a domestic enquiry into the charge of unauthorized absence was conducted by a duly appointed enquiry officer though proper notice of enquiry was issued to the petitioner by registered post and also displayed in Colliery Notice Board. Petitioner did not attend the same and, therefore, enquiry was conducted ex-parte after giving sufficient opportunity thereof to the petitioner. It is further stated therein that the findings of the enquiry officer have been accepted wherein the charge levelled against the petitioner have been proved.

(3.) The case as set out by the petitioner in the writ application is that in the month of April, 1999, petitioner went to his village for the marriage ceremony of his daughter for which leave was granted till March 16, 1999. Petitioner fell ill and no information could have been given to the authority concerned by the petitioner as there was no elderly person in the family but when petitioner got some relief from the ailment, he informed the authority concerned through registered post, copy of acknowledgment receipt is said to be annexure B. Even thereafter, petitioner extended the period and had to send further information to the Manager of Colliery for extension of leave of about 30 days. After being cured, petitioner submitted his joining letter to the Colliery on April 1,1999 but on April 7, 1999 petitioner received a charge sheet. The charge levelled against the petitioner was that he absented himself from duties without any information or without any authorized leave from March 17, 1999 to July 7, 1999 which constitutes misconduct under Sections 17(a)(d) and 17(i)(n) of the Standing Order. The petitioner thereafter came to know that certain orders have been passed and to collect the same, petitioner went to the Office of the Manager on January 10, 2000 when the order of dismissal was made over.