SHYAMLALOJHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the Project Officer under the Central Coalfields Limited. In the year 1971, he joined the Bharat Coking Coal Limited, a subsidiary of Coal India Limited as a Second Class Assistant Manager. While he was posted as Area Manager (Planning), Sijua Area of Bharat Coking Coal Limited, Dhanbad, he was served with a charge-sheet on 3.7.1991 for misconduct as per Annexure 1. The fact is that a huge quantity of coal stock was found short and for such shortage the petitioner and others were charge-sheeted. Specifically, the petitioner was charged of misconduct for dishonesty in connection with the business/property of the Company. The specific allegation as per the charge-sheet was as follows:

(2.) After submission of show-cause notice, the disciplinary authority was not satisfied and enquiry officer was appointed being Shri R.V. Erady, Additional Chief Mining Engineer. After completion of enquiry report was submitted vide Annexure 3 holding that the charges of misconduct as per Clause 5.1 of the Conduct, Discipline and Appeal Rules of the Company could not be proved beyond doubt against the petitioner, but in the report it was specifically mentioned in the following way:

(3.) After the receipt of the report, Annexure-3, the disciplinary authority dis-agreed with the report of the enquiry officer and vide Annexure 4 held the petitioner guilty of misconduct and a minor punishment of censure was imposed against the petitioner. Against this order, as per the Rule, the petitioner preferred an appeal before the appellate authority and the appellate authority vide order at Annexure 5 confirmed the punishment and guilt as arrived at by the disciplinary authority.