NIRANJAN LENKA Vs. MAHANADI COALFIELDS LIMITED

JUDGEMENT

(1.) THE petitioner who at the relevant time was working as Dumper Operator, Grade -I in Balanda Colliery has filed this writ application challenging the Order dated 22.2.1996 passed by the Project Officer, Balanda Colliery dismissing him from service on the basis of an enquiry report submitted in a disciplinary proceeding.

(2.) CASE of the petitioner is that whiling working as Dumper Operator, Grade -I he received charge -sheet on 12.4.1991. The charge is 'Taking of employment with another employer in addition to that existing at Balanda Colliery, South Eastern Coalfields Limited.' After receipt of the charge -sheet the petitioner submitted a representation to the Enquiry Officer requesting him to drop the proceeding on the ground that the charge had finally been decided by this Court in O.J.C. No. 3259 of 1987 vide judgment dated 23.9.1993. Though the petitioner had requested the Enquiry Officer and other authorities to drop the proceeding in view of the judgment of the High Court delivered with the aforesaid case, the disciplinary proceeding was allowed to be continued and ultimately it was concluded exparte and report was submitted. On the basis of the report an order of dismissal has been passed.

(3.) SHRI Sanjit Mohanty, Learned Senior Counsel appearing for the opposite parties referring to the counter submitted that the earlier two Writ Applications have no relevance so far as the present case is concerned and the question as to whether the petitioner had taken a job with another employer in addition to the existing employer at Balanda Colliery or not was never the subject matter of the above two Writ Applications and therefore the Court has not given any finding in that regard, It was further submitted by Sri Mohanty that the petitioner deliberately did not co -operate in the proceeding and after giving the petitioner several opportunities to participate in the proceedings he did not participate. The proceeding was concluded exparte and on the basis of the report of the Enquiry Officer the order of dismissal has been passed.