BIKRAMA PRASAD Vs. COAL INDIA LTD

JUDGEMENT

(1.) IN this writ application, the petitioner, has prayed for quashing the order dated 26.10.1994 (Annexure 7) passed; by respondent No. 2 whereby and whereunder he came to the conclusion that the petitioner was guilty of the charges levelled against him and, therefore, in exercise of Rule 27.1 (ii) (d) of the Conduct, Discipline and Appeal Rules, 1978 (hereinafter referred to as "the Rules") inflicted punishment of dismissal from service with immediate effect. The petitioner has also challenged and prayed for quashing the appellate order passed by the Board of Directors, Coal India Limited (respondent No. 6) and communicated by the Deputy Chief Personnel Manager (EE), Bharat Coking Coal Limited (respondent No. 7) vide his confidential letter dated 7.10.1997 informing him that the Board had not found any merit in his appeal and had accordingly rejected the same.

(2.) ACCORDING to the petitioner, while he was posted as a Medical Officer, his duty was such that he had to check the health of all workers and issue certificates from time to time which stood recorded in the Registers maintained in the Dispensary which was used for the purposes of granting leave etc. While he was posted as a Senior Medical Officer in Putki Balihari area, he received the charge sheet dated 16.7.1987 (Annexure 1) issued by respondent No. 4 wherein the petitioner was charged with the offence of having issued a false certificate in relation to one Smt. Ram Kuer. The allegations were that the petitioner, in collusion with others, had certified that Smt. Ram Kuer had expired vide Certificate dated 22.4.1985. One the basis of that certificate, one Naresh Kumar Nishad (claiming to be her son -in -law) had applied for employment in the Bharat Coking Coal Limited under Clause 9.4.2 of the NCWA III. Additionally one Hakker Kewat (her husband) claimed gratuity and payments under Life Coverage Scheme and CMPF accumulations. These were processed by the colliery and relying solely on the said death certificate which had been issued by the petitioner, two cheques for the sums of Rs. 12,994.40 paise and Rs. 15,000/ - were prepared and handed over to Hakker Kewat, the husband of Smt. Ram Kuer on 18.6.1986. Similarly a cheque for Rs. 21,294.84 paise dated 16.12.1986 was also released by the Coal Mines Provident Fund Commissioner against Account No. 1025 which was in the name of Hakker Kewat.

(3.) THE aforementioned incident was viewed very seriously by the Management who were of the opinion that on account of the issuance of the said false death certificate in relation to Smt. Ram Kuer, the petitioner, in collusion with others, had caused wrongful loss to the Company by fraudulent means. The aforementioned charge sheet has been annexed as Annexure 1 to the writ application. The petitioner, by reason of the said charge sheet, was informed that the action of the petitioner amounts to misconduct under Clause 4.1 (i), 4.1 (ii), 4.6, 5.1, 5.5 and 5.21 of the Rules which was punishable under Rule 27.1 (ii) and accordingly, he was directed to furnish explanation in triplicate within ten days as to why appropriate penalty including dismissal from service should not be imposed. By reasons of said charge sheet, it was also informed that in exercise of Rule 24.1 of the aforementioned Rules, the petitioner was being put under suspension with immediate effect.