TRIBENI PRASAD Vs. CENTRAL COALFIELD LTD

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for issuance of an appropriate writ for quashing the confidential letter no. 2724 dated 8.8.97, letter no. 2708 dated 29.7.97 and letter no. 3114 dated 17.10.97 whereby and whereunder the A.C.R. of the petitioner has been written as 'inadequate ' for the years, 1994 -95, 1995 -96 and 1996 -97 and further for a declaration that recording of A.C.R. for three consecutive years within a period of three months without following the guidelines is illegal, arbitrary and mala fide. The petitioner has also prayed for a direction to the respondents to pay subsistence allowance with effect from the date of deemed suspension of the petitioner.

(2.) PETITIONER 's case is that he is working as a Deputy Personnel Manager in E -IV grade under the respondents at their Mines Rescue Station at Nai Sarai, Ramgarh in the district of Hazaribagh. On account of illegal supersession by his juniors and deprivation from genuine medical re -imbursement, the petitioner filed C.W.J.C. No. 2748/94 (R) which is still pending. It is alleged that because of the fact that the petitioner moved this court by filing the aforesaid writ application the respondents decided to punish the petitioner and for that purpose the respondents, in violation of C.R. rules, recorded the A.C.R. of the petitioner of three years within a period of two months and gave inadequate rating. The said remark was communicated by the impugned letters as contained in annexure 1 series. Petitioner 's further case is that A.C.R. was recorded in utter violation of C.R. Rules of Coal India Limited and also the guidelines of the Executive Performance Appraisal, 1987 as published by Coal India Ltd.

(3.) I have heard Mr. A. K. Sinha, learned Sr. counsel appearing on behalf of the petitioner and Mr. M. M. Banerjee, learned counsel appearing for the respondents. I have also perused the relevant annexures referred by the learned counsels for the parties.