FALGUNI MAHTO Vs. BHARAT COKING COAL LTD., DHANBAD

JUDGEMENT

(1.) BY Court: The petitioner has approached this Court seeking quashing of charge -sheet dated 25.7.2005 issued by the respondent no. 5.

(2.) THE brief facts of the case are that, the petitioner was appointed as a Fitter Helper at Madhuban Colliery in August, 1990. It is stated that before his appointment there was a land dispute, with respect to which a criminal case was instituted on 29.6.1990. After trial, the said criminal case being S.T. No. 43 of 1994 was decided by order dated 25.5.2004 and the petitioner was convicted and sentenced for the offence under sections 307/325/324/323 of the Indian Penal Code and also under section 148 of the I.P.C. and he was sentenced to undergo R.I. for a period of 10 years for the offence under section 307 of the Indian Penal Code. The petitioner preferred an appeal being Criminal Appeal no. 903 of 2004 in which the prayer for suspension of sentence and for grant of bail made by the petitioner, was allowed by order dated 8.7.2004. On 30/31.7.2004 a charge -sheet was served upon the petitioner under clause 26.1.1, 26.1.19 and 26.1.20 of the Certified Standing Order of the company. The petitioner submitted his reply stating that he had already intimated the authorities that he was on leave from 21.5.2004 to 28.5.2004 and he had also informed the authorities about his conviction and release on bail. An enquiry report was submitted on 30th December, 2004 holding the charges framed against the petitioner proved however, no action was taken by the respondents on the said enquiry report and another charge -sheet was served upon the petitioner on 25.7.2005 under clauses 26.1.11, 26.1.12 and 26.1.19 of the Certified Standing Order of the company. In these facts, the petitioner has approached this Court challenging the issuance of second charge -sheet dated 25.7.2005.

(3.) A supplementary counter -affidavit has been filed in which the details of charges in both the charge -sheets have been given, which are extracted below: