INDRAJIT SINGH Vs. EASTERN COAL FIELDS LIMITED

JUDGEMENT

(1.) The petitioner assails a departmental proceeding initiated by the respondent no.1 and also challenges the final order of dismissal dated 14/16th September, 2002 passed by the General Manager of the respondent no.1.

(2.) The brief facts of the case are that the petitioner was appointed as a magazine clerk of the respondent no.1 at the Kunustoria Colliery. In the year 1993, the petitioner was accused of theft of 17,500 detonators drawn by the petitioner from the Belbad Colliery but which had not been received by the Kunustoria Colliery. Subsequently, the petitioner was charged with theft, fraud and dishonesty and was ultimately dismissed from service.

(3.) On 16th March, 1994, in an earlier writ petition filed by the petitioner challenging the order of dismissal dated 25th December, 1993 this Court had set aside the order of dismissal and directed the respondent authorities to pay the arrear salaries of the petitioner upto 28th February, 1994. Subsequently, the petitioner thereafter joined service on 18th March, 1994. Thereafter, pursuant to liberty granted by this Court, the respondent initiated proceedings and the petitioner was served with a charge sheet dated 21 March, 1994. The petitioner was also placed under suspension by the same communication. The petitioner challenged the notice dated 21 March, 1994 before this Court and filed another writ petition being WP 8222 (W) of 1994. By an order passed in WP 8222 (W) 1994, this Court had stayed the suspension order.