MD AFZAL HUSSAIN Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THIS writ application has been preferred challenging the departmental proceeding initiated against the petitioner which culminated in an order of dismissal dated 23rd April, 2012 passed by the General Manager (E and M), ECL, HQ. Sanctoria.

(2.) THE facts, in a nutshell, are that the petitioner was appointed on 5th May, 1983 as Security Guard at Poniati workshop under Eastern Coalfields Limited (hereinafter referred to as the ECL) which is a subsidiary of Coal India Limited. The petitioner was issued a charge -sheet dated 30th December, 1991, the Manager, Poniati workshop, ECL stating inter alia that on the night of 9th December, 1991, the petitioner was on patrolling duty from 9 p.m. to 5 a.m. and on that night during duty, the petitioner along with Sri R.K. Sharma, Sri Lala Nunia, Imtiaz Mian and Pritam Singh threatened Sri Hardeo Jadav and forcibly snatched the keys of the gates including that of electrical workshop and from a transformer, which was under repair, 200 Kgs. of copper coil wire were removed and stolen which were subsequently recovered by the Police from the quarter of Sri Pritam Singh on 23rd December, 1991. The petitioner duly replied to the said charge -sheet and thereafter an order of dismissal was communicated to the petitioner on 3rd October, 1992. Against the said order of dismissal the petitioner preferred a statutory appeal but the same was not disposed of. Challenging the said order of dismissal the petitioner preferred a writ application being W.P. No.1960 of 2000 and the same was disposed of by a judgment dated 11th February, 2004 observing inter alia that the authority would be at liberty to start the proceeding from the stage of the enquiry report. In the said judgment it was categorically observed that the entire exercise should be completed within two months from the date of communication of this judgment. Upon communication of the said judgment, the petitioner was supplied the enquiry report with a request to answer to the second show -cause notice. The same was accordingly answered by the petitioner by a representation dated 28th June, 2004.

(3.) DURING pendency of the instant writ application the petitioner was dismissed by an order dated 23rd April, 2012 and the same was allowed to be brought on record by the Court through a supplementary affidavit.