N SINGH Vs. CHAIRMAN COAL INDIAN LTD

JUDGEMENT

(1.) THE writ petitioner was employed as Deputy Chief Mining Engineer in the Kusunda open cast project of M/s. B.C.C.L. in the district of Dhanbad. The first of the two writ petitions which were heard together is directed against the disciplinary proceedings commenced against the writ petitioner and, inter alia, for quashing of the charge -sheets dated 10th October, 1992 and 15th September, 1992, issued by the Chairman -cum -Managing Director of M/s. Bharat Coking Coal Ltd., government subsidiary company of M/s. Coal India Ltd., hereinafter referred to as "B.C.C.L.".

(2.) PRIOR to the nationalisation of coal mines the writ petitioner was employed as a Second Class Assistant Manager in the Industry Colliery of M/s. K. Orah. After the nationalisation of coal mines in 1972 and 1973, the petitioner was absorbed by the respondents and his service conditions came to be governed under the Conduct, Discipline and Appeal Rules, 1978 of M/s. Coal India Ltd. In course of time, the petitioner was promoted to the post of Deputy Chief Mining Engineer, Executive Grade (E -6).

(3.) IN May, 1991, the petitioner was transferred to Kusunda open cast project in Dhanbad, where according to the petitioner there was huge shortage of coal, which was duly reported by him in writing to the General Manager, Kusunda Area of M/s. B.C.C.L. According to the petitioner there was widespread pilferage of coal which was also reported by the petitioner. It is the petitioner 's case that on 19th July, 1991, he reported shortage of stock amounting to 4,26,896 tonnes, which related to the period of his predecessor. But on 17th February, 1992, the Director of Technical (D.W.), B.C.C.L., called for an explanation from the petitioner regarding shortage of 2,66,628 Metric Tonnes of coal on 1st October, 1991. Despite the petitioner 's reply dated 31st March, 1992, denying the allegations regarding shortage, the Chairman -cum -Managing Director, B.C.C.L., issued a charge sheet to the petitioner dated 15th September, 1992 for irregularities/over reporting of coal on 1st October, 1991 and 1st April, 1992, for 2,66,662 Metric Tonnes and 2,49,630 Metric Tonnes, respectively, and for failure to maintain devotion to duty as well as acting in a manner prejudicial to the interest of the company; neglect of work, etc. The petitioner was also placed under suspension with effect from 29th September, 1992, on the ground that the Central Bureau of Investigation of the Special Police Establishment, New Delhi, hereinafter referred to as 'C.B.I. ' was investigating a criminal case against the petitioner.