CENTRAL COALFIELDS LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR, GENERAL MANAGER KUJU AREA OF CENTRAL COALFIELDS LIMITED, PROJECT OFFICER SARUBERA COLLIERY OF CENTRAL COALFIELDS LIMITED Vs. SHIBLAL MANJHI

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE Appellants are aggrieved against the order dated 05.12.2008 passed in W.P.(C) No. 5565 of 2003 by which the order dated 31.07.2003 passed by the Appellants dismissing the writ Petitioner -Respondent from service, was set aside.

(3.) THE learned Single Judge, after considering the affidavit filed by the Appellants and facts of the case, reached to the conclusion that the stand taken by the Appellants was absolutely false and contention of the Appellants that it was a fair enquiry before passing the order of dismissal of the Petitioner from service, is baseless. It is not in dispute that the writ Petitioner -Respondent was arrested from the quarter given by the employer -Appellants itself and their contention is that they were not knowing that the writ Petitioner -Respondent was arrested in connection with a criminal case. This gesture suggests that no effort was made to serve the chargesheet upon the writ Petitioner -Respondent and further, in view of the conduct of the Appellants, the learned Single Judge rightly held that there was no enquiry in the eye of law and the order of dismissal was rightly set aside.