R P CHOURASIA Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) THE Petitioner has filed this application for quashing the order dated 13.9.1994. Annexure -10, whereby he has been dismissed from service, the order dated 4.10.1994, Annexure -11, directing him to hand over charge of al the records and materials and also for issue of a writ in the nature of mandamus commanding respondent nos. 1 to 3 to not to give effect to the order of dismissal.

(2.) THE petitioner was appointed as an Assistant store Keeper under the Coal Mines Labour welfare Organisation, a department of Central Government in the Ministry of Energy and Coal, He was working at Central Hospital, Dhanabad. A departmental Proceeding was initiated against him under Rule 14 of Central Civil Services classification Control and Appeal Rules (hereinafter referred to as CCS CCA Rules) vide Memo no. CV1 -(19) 77. dated 5.2.1983, in the departmental proceeding he was dismissed from service vide letter dated 13.1.1987, Annexure -1. He filed appeal before the competent authority which was dismissed on 4.1.1988. He challenged the order of dismissal before the Central Administrative Tribunal vide case no. O.A. -338/88. The Tribunal vide order dated 16.8.1989, Annexure -2. quashed the order of dismissal on the ground that code of enquiry report was not furnished to the petitioner and directed to reinstate him. However, it was left open to the disciplinary authority to proceed against the petitioner on the basis of same memorandum of charges and on enquiry report, after furnishing the copy of enquiry report and after altering an opportunity of hearing. It was also left open to treat the petitioner under deemed suspension under Sub -B CCS CCA Rule if they desire to proceed with the proceeding the competent authority proceeded with disciplinary proceeding and vide order dated

(3.) 3.1990. Annexure -3, the petitioner was held guilty and his annual increment of pay was stopped for two years. He was allowed subsistence allowance for the period of suspension but not at the enhanced rate. He was also released from suspension. He joined the service or under respondent No. 1 and opted the service condition of Bharat Coking Ltd. A subsidiary of Coal India Ltd : The petitioner thereafter, filed a representation by way of notice before the higher authority for allowing subsistence allowance as per existing rules. On receipt of notice, respondent no.5 in place of allowing subsistence allowance as per existing rules, he issued notice to the petitioner vide letter dated 13.9.1994, Annexure 4 to show cause as to why punishment should not be enhanced from stoppage of increment to dismissal from service under Rule 29. of CCSCCA Rules. The petitioner filed show cause on 5.11.1993. Annexure 5, raising several questions including the question of jurisdiction Respondent no.5, on receipt of show cause passed order of dismissal from Service vide order dated 13.9.1994, Annexure -10. directed the petitioner to hand over charge or records/materials etc. to Sri J.B. Mukherjee. Senior Store Keeper immediately vide letter dated