SHRI GURU PROSAD LAL Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) -These two matters were heard analogously common arguments were made for both the two cases. Since affidavits have been filed by the parties to the litigation, they have agreed to have the matters finally heard.

(2.) Both Shri Guru Prosad Lai and Shirt Arun Kumar Jha are employees of Coal India Ltd. By Order No. CIL: C-5(A)(iii)/929 dated 18-9-1987 issued by the Chairman-cum-Managing Director, Coal India Ltd., the services of Shri Guru Prosad Lal was sought to be terminated in purported exercise of power under amended clause 12.4(i)(c) of the Common Coal Cadre of Coal India Ltd. Rules. Similarly, the services of Shri A.K. Jha was also sought to be terminated by virtue of order No. CIL:C-5(A)(iii) 930 dated 18-9-87 issued by Chairman-cum-Managing Director, Coal India Ltd., in purported exercise of power under amended clause 12.4.(i)(c) of, the Common Coal Cadre of Coal India Ltd. Both the aforesaid orders of termination were set aside in view of Hon'ble Supreme Court order dated November 23, 1994 passed in Civil Appeal No. 3673 of 1988 with C.A. No. 3672 of 1088 [Guru Prosad Lal v. Coal India Ltd. & Ors.]. The aforesaid Order of Hon'ble Supreme Court reads as follows:-

(3.) Thus it is evident that Hon'ble Supreme Court kept it open for Coal India to place the writ petitioners under suspension after the charge sheet against the writ petitioners are filed in the proper court.