MARSINGH NARAYAN SINHA Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) In the instant Writ application, the petitioner has prayed for issuance of appropriate Writ in the nature of certiorari for quashing the order dated November 7, 1995 issued by respondent No. 2, Manager, Amlabad Colliery, Bharat Coking Coal Ltd., Bokaro, whereby and whereunder the petitioner has been dismissed from the service with immediate effect.

(2.) Facts of the case lie in a narrow compass.

(3.) Petitioners case is that he is Branch Secretary of the workmen union namely Indian National Mines Overman Mining Sirdar and short firer Association in Amlabad Colliery. It appears that on March 3, 1990 on the basis of report of the Deputy Finance Manager of Amlabad Project Area, a First Information Report was registered with the police being Chandankiyari P.S. Case No. 19/90 under Sections 447/341/323, I.P.C. The said F.I.R. was lodged on the basis of complaint received (from Sri C.S. Banerjee, Finance Officer, Amlabad Colliery. The allegation inter alia is that on March 1, 1990 at about 4.30 p.m. the petitioner alleged to have suddenly entered in his office, loudly abused him in filthy language, caught his shirt collar and dragged him out from the office and assaulted him. However, he could escape from such assault. On the basis of said report, charge-sheet was served against the petitioner asking him to submit written explanation in respect of the alleged charges. Finding his explanation unsatisfactory an inquiry officer was appointed to inquire into the charges against the petitioner. The Inquiry Officer after recording evidence submitted his inquiry report holding that the Management has been able to establish misconduct against the petitioner. On the basis of the inquiry report, petitioner has been dismissed from service.