SHYAMAPADA BAURI Vs. EASTERN COALFIELDS LTD

JUDGEMENT

(1.) The petitioner is questioning the order of the General Manager, Pandaveswar Area, Eastern Coalfields Ltd. dated January November 7, 2006 terminating his service with immediate effect. By charge-sheet dated September 24, 2005 disciplinary proceedings were initiated against him alleging that he was unauthorizedly absenting from duty from September 5,2005. He did not submit any reply to the charge-sheet. The disciplinary authority decided to hold an inquiry; an inquiry officer was appointed. Inquiry proceedings were held on October 31, 2005. The management examined two witnesses, who were made available for cross-examination.

(2.) The inquiry officer submitted report dated November 3,2005 recording his findings that the charge had been established. Second show cause notice dated December July 3,2005 was issued by the disciplinary authority. The petitioner chose not to submit any representation. In the circumstances, the disciplinary authority issued the impugned order imposing punishment. Though appellate forum was available, the petitioner did not prefer any appeal, and instead approached this Court by taking out this writ petition dated June 26, 2006.

(3.) Counsel says that since from the evidence of the management witness it will appear that on September 10, 2005 the petitioner visited the dispensary complaining pain on his right leg ankle, it cannot be said that from September 5, 2005 he remained unauthorizedly absent from duty. It is contended that the petitioner was actually compelled to remain absent. Argument of counsel is that as a result the inquiry officer and the disciplinary authority were not right in holding that the charge of unauthorized absence from duty was established.