SURESH MAHTO Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the letter No. 608 dtd. 19/8/2009 issued by respondent No. 6 whereby the petitioner has been terminated from service and also for quashing the appellate order contained in memo No. 15/2416 dtd. 21/7/2015, whereby the Appellate Authority rejected the appeal without interfering with the order of termination passed by the Project Officer.

(3.) The facts of the case lie in a narrow compass. The petitioner was an employee of M/s. Central Coalfields Ltd. and was working as Loader (U.G.) in Urimari Underground Mines, Hazaribagh. While he was discharging his duties, he received a charge-sheet through letter No. 133 dtd. 17/5/2004 for absence from his duty from 20/4/2004. It is the case of the petitioner that he was suffering from mental illness since 20/4/2004 and he was under treatment of Dr. U.N. Choudhary, Medical Officer, Ranchi Manshik Arogyashala, Kanke, Ranchi and after recovering from said illness, the petitioner appeared before the Colliery Manager along with a certificate dtd. 12/12/2008, issued by the said Medical Officer. The Colliery Manager through his letter dtd. 16/1/2009 referred the case to Incharge Medical Board, Long Absenteeism/ Sickness, Central Hospital, Nai Sarai, Ramgarh. Meanwhile, the respondent No. 6 set-up an enquiry vide letter dtd. 2/6/2005 and when the petitioner reported for joining, he was asked to appear before the said Committee on 9/3/2009, in which the petitioner appeared and fully cooperated in the enquiry. However, the respondent- authorities without providing the copy of inquiry report and 2nd show-cause notice, have terminated the petitioner from services w.e.f. 20/8/2009, vide letter dtd. 19/8/2009, as per Sec. 26.24 of the Certified Standing Order of CCL.