LAWS(CAL)-2019-12-14

ARABINDA TEWARI Vs. UNION OF INDIA

Decided On December 06, 2019
Arabinda Tewari Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner was serving in the Bharat Coking Coal Limited. A show cause notice was issued to him on 24th June, 2017 on the allegation that while he was working as Chief Manager (Mining)/Project Officer he was caught red handed by CBI while demanding and accepting illegal gratification. A case was registered against him by the CBI, Dhanbad. The petitioner was convicted in the said case.

(2.) In view of the conviction the petitioner was found guilty of committing serious misconduct under clauses 5.2 and 5.17 of the Conduct, Discipline and Appeal Rules, 1978 (as amended) of the Coal India Limited and was liable to be proceeded against under clause 34.1(i) of the said Rules. The petitioner was directed to show cause as to why appropriate penalty including dismissal from service should not be imposed upon him under Rule 27 of the said Rules.

(3.) The explanation submitted by the petitioner was not found satisfactory. By an order dated 6th November, 2017 the Chairman-cum-Managing Director, Coal India Limited being the disciplinary authority imposed the order of penalty of dismissal from service with immediate effect.