NARESH KUMAR SHARMA Vs. COAL INDIA LTD.

JUDGEMENT

(1.) The writ Petitioner is aggrieved by his suspension from service, in contemplation of a disciplinary proceeding.

(2.) On March 30, 2001 he was appointed as Chairman -cum -managing director of the Respondent -company. Complaints were received by the government, inter alia, from the Central vigilance commission, and some members of the parliament, about abuse of office by him. The chief vigilance officer of the company started preliminary enquiries, and submitted a report dated May 27, 2003. It was examined by the joint secretary (coal) and the minister of coal of the central government on June 4. 2003. The minister directed, that pending disciplinary action the Petitioner should be suspended. Hence the order of suspension was issued on June 4, 2003.

(3.) Mr. Jayanta Kumar Mitra, senior advocate, appears for the Petitioner. His first contention is this. Admittedly, the Petitioner's disciplinary authority is the President, and hence the minister of coal of the cetral government had no authority, to suspend him.