SHANKARI PRASAD NIYOGI Vs. B.C.C.L.

JUDGEMENT

(1.) THE petitioner, a Deputy Chief Material Manager of Bokaro and Kargali Area, Central Coalfield Limited (C.C.L. for short), Ranchi has challenged the departmental proceeding initiated by the Chairman/MG. Director. Bharat Coking Coal Limited (B.C.C.L. for short) vide memorandum having reference No. BCCL:EE:X:C:94:2001:778 dated 6/11/2001.

(2.) THE brief fact of the case shows that while the service of petitioner was placed under M/s. B.C.C.L. an order No. 798 dated 28th November, 1991 was placed with M/s. Malpani Impex Pvt. Ltd., Bombay and order No. PUR/040070/Cooper Roller Bearing Import/CCWO/94/0511 dated 06/12.12.1994 was placed directly with M/s. Cooper Roller Bearing Company Ltd., UK., some complaint of gross irregularity relating to purchase of cooper bearings in CCWO washeries during 1991 -92 was made by one Sri Lal Babu Rai of Rashtriya Koyla Salahakar Samiti by his letter dated 9th February, 1996. The Director. Government of India, Ministry of Coal directed to investigate the matter.The correspondences between the Ministry of Coal, New Delhi and M/s. B.C.C.L. continued. The petitioner, in the meantime, was promoted from E -4 to E -5 grade on 12th October, 1992 and from E -5 to MI grade on 12th June, 1997 and his service was placed under M/s. C.C.L. Thereafter, while the petitioner was awaiting his promotion to next higher M2 grade, the impugned charge -sheet vide Memorandum dated 6th November, 2001 was issued.

(3.) THE respondents have refuted both the aforesaid pleadings. It is stated that the enquiry referred to by the petitioner was not a fact finding enquiry either in the nature of a preliminary enquiry or charge -sheet in a departmental proceeding. Prior to issuance of the charge -sheet vide Memorandum dated 6th November, 2001, no other departmental enquiry was conducted against the petitioner.