CENTRAL COALFIELDS LIMITED, RANCHI Vs. ASHOK KUMAR RAJBHAR

JUDGEMENT

(1.) HEARD the parties. This appeal has been filed against the order dated 9.1.2002 passed by learned Single Judge in C.W.J.C. No. 2239 of 2000 (R) whereby the orders contained in annexures 5 and 6 to the writ application were quashed. The proposal for compassionate appointment of the respondent claiming to be son of late Anup Kumar, Ex -Electrical Helper was turned down as he was not found to be the genuine dependant of the said deceased employee and the appellants were directed to reconsider the matter and take fresh decision for giving compassionate appointment to him as expeditiously as possible and preferably within a period of two months from the date of the receipt of the order.

(2.) ACCORDING to the appellants, the respondent was not the real son of late Anup Kumar and he was falsely claiming to be his son/dependant by virtue of fraudulent means for the purpose of taking employment under the provisions of NCWA -V. The respondent managed to get his name entered in the LTC form of the said deceased employee with connivance of some of the employees of the CCL and as such the same was not an authenticated document. In fact the Anup Kumar was a bachelor and he had given the name of his mother as his nominee in his CMPF declaration form. The family certificate issued by the Block Development Officer, Patratu was also issued to the appellant without making any inquiry. The deceased employee never got the name of his nominee changed and substitute the name of the respondent as his son in place of his mother. We find that some inquiry was held by the appellants but no opportunity was given to the respondent either to participate in the inquiry or to meet the report. We, therefore, find no reason to interfere with the impugned order passed by the learned Single Judge. However, we only like to add that in course of reconsideration of the matter the respondent may also be given an opportunity of hearing and only thereafter an appropriate reasoned order be passed in the facts and circumstances of the case. The appeal is disposed of with the aforesaid direction.