CHANDER BHUSAN SOOD Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) Aggrieved by dismissal of his writ petition [W.P. 10654(W) of 2013] by a learned judge of this Court vide judgment and order dated January 30, 2015, Mr. Chander Bhusan Sood, the writ petitioner (hereafter Mr. Sood), carried the same in appeal. The learned judge presiding over the appellate Bench did not agree with His Lordship's companion learned judge that the appeal ought to be dismissed and the judgment and order under challenge upheld. By an order dated July 29, 2015 the appellate Bench directed the appeal to be placed before the Hon'ble the Chief Justice for appropriate order. The learned judge to whom the appeal was assigned having been transferred to another high court, the Hon'ble the Acting Chief Justice by an order dated February 13, 2017 re- assigned the appeal to me. In compliance therewith, the appeal was placed before me and by this judgment and order I propose to dispose of the appeal finally.

(2.) Mr. Sood invoked the writ jurisdiction of this Court feeling aggrieved by denial of vigilance clearance that cost him an appointment on the post of Director (Technical), South Eastern Coalfields Ltd. (hereafter SECL) despite being recommended by the Public Enterprises Selection Board (hereafter Board). Clearance was denied on the ground of initiation of minor penalty proceedings for alleged misconduct based on a statement made by him on December 20, 2010. He challenged the office memorandum dated January 3, 2013 issued by the Director, Central Vigilance Commission (hereafter CVC) containing the advice for initiation of minor penalty proceedings, memorandum dated February 19, 2013 (the charge-sheet) as well as communications dated March 20, 2013 and March 28, 2013 issued by the CVC and the Under Secretary (VIG), Ministry of Coal, Government of India respectively, purportedly denying vigilance clearance in respect of his appointment on the post of Director (Technical), SECL.

(3.) A brief recital of the facts leading to issuance of the memoranda and the communications under challenge in the writ petition would be apposite to comprehend the controversy, resolution whereof was sought for by Mr. Sood.