COAL INDIA LTD. Vs. LAKSHMAN SINGH

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated March 23, 1989 passed by A.K. Sengupta J. in C.O. No. 3097 (W) of 1984 whereby and where under the said learned Judge allowed the writ application filed by the writ Petitioner/Respondent No. 1 questioning the orders of punishment dated April 8, 1983 issued by the disciplinary authority as also the order, dated November 23, 1983, passed by the appellate authority dismissing the appeal.

(2.) The basic fact of the matter is not in dispute.

(3.) The writ Petitioner was appointed as Assistant Colliery Manager in the then National Coal Development Corporation on May 1, 1958. Upon coming into force of the Coking Coal Mines (Nationalisation) Act, 1972 and Coal Mines (Nationalisation) Act, 1973, the name of the aforementioned National Coal Development Corporation was changed to Central Coalfields Limited, which became a company subsidiary to Coal India Limited, the Appellant herein. At the material time, the writ Petitioner was working as General Manager of Mugma Area of Eastern Coalfields Limited. Two charge sheets were issued against him, one dated March 14, 1979 (hereinafter referred to as the first charge sheet) and another dated July 10, 1979 (hereinafter referred to as the second charge sheet), which are contained in Annexures 'A' and 'B' to the writ application. The Petitioner allegedly submitted a reply denying or disputing the charges. In respect of the first charge sheet, the Respondent No. 6, Sri T.R. Jayaraman, who was the Chief Mining Engineer (C & D), Eastern Coalfields Limited was appointed as an Enquiry Officer, whereas in respect of the second charge sheet, Sm. Jyotsna Diesh, Respondent No. 7 who was the Chief Central Vigilance Commission, New Delhi, was appointed as the Enquiry Officer. It is submitted that the Respondent No. 6 found the Petitioner guilty of the charges levelled against him in respect whereof, he submitted an enquiry report dated March 27, 1982 as contained in Annexure 'E' to the writ application, finding the Petitioner guilty of the said charges, whereas the Respondent No. 7 in terms of a report dated September 7, 1982, as contained in Annexure 'G' to the writ application exonerated the Petitioner from the charges. The enquiry report dated September 7, 1982 was placed before the disciplinary authority, being the Chairman -cum -Managing Director of the Appellant company on April 7, 1983, and by a memo dated April 8, 1983 signed on April 7, 1983, he without disagreeing with the said report, and without giving any further opportunity of hearing to the Petitioner, imposed a punishment of reduction to the next lower stage in the existing time scale. However, by reason of another order dated April 8, 1983, the disciplinary authority having agreed with the enquiry report submitted by the Respondent No. 6, imposed a penalty of removal from service with immediate effect. The said memos are contained in Annexures 'F' and 'H' to the writ application respectively. By reason of the first charge sheet dated March 14, 1979, the writ Petitioner was charged with the following: