GORA KOLEY Vs. COAL INDIA LTD.

JUDGEMENT

(1.) THE petitioner seeks a direction upon the respondents to give him promotion on the post of M -I grade retrospectively with effect from 6.4.1996 with all consequential benefits.

(2.) IT appears that in 1995 when the petitioner was posted as Superintendent, Mines -cum -Colliery Manager at Dhori colliery a memorandum of charge sheet dated 1.3.1995 was served on him alleging that he failed to perform his duty inasmuch as he has not ensured the safety of the persons engaged in the safety zone; A departmental proceeding was initiated against him which ended in an order dated 17.9.1996 imposing punishment of censure in terms of the provisions of the Conduct Disciplinary Appeal Rules, 1978 of Coal India Limited.

(3.) IN the counter affidavit filed on behalf of the respondents it is stated that the case of the petitioner along with the eligible candidates was considered by the Selection -cum - Departmental Promotion Committee (Board) on different dates during the month of December, 1995 for promotion from E -5 to M -I grade. However, promotion order could not be issued/released as the petitioner was charge -sheeted for safety lapses; It is stated that in 1993 also the petitioner was charge -sheeted in connection with a vital accident at Dhori colliery. In 1997 the case of the petitioner was considered and recommended by the Selection -cum -D.P.C. for promotion and, accordingly, he was promoted to M -I grade with notional seniority and notional fixation of pay after obtaining vigilance and safety clearance.