RAGHUNATH BHOGTA Vs. CENTRAL COALFIELD LTD.

JUDGEMENT

(1.) Heard learned counsel for the parties. By the order impugned dated 27.12.2002 issued by the Project Officer, Swang Colliery, CCL, Bokaro, the services of the petitioner has been terminated, which is under challenge in the present writ petition.

(2.) The petitioner was a Piece Rated Worker (in short P.R.W.) in the respondent-coal company and has joined on 25.06.1992 under the respondent. He, however, suddenly went on leave from 12.09.1997 and submitted his joining on 05.04.2001. He did not seek any prior permission to proceed on leave during this period of his absence or ever made any application for sanction of leave for the period of absence or regularization of the said period. The respondents issued a charge sheet on 20.08.2001, Annexure-2, against the petitioner for having remained in unauthorized absence from duty for the aforesaid period. The petitioner, thereafter, submitted his show cause vide Annexure-3 dated 03.09.2001 taking a plea that he was suffering from mental illness enclosing a certificate issued by the Private Doctor, who is said to have speciality in treating mental diseases. Being dissatisfied with the show cause of the petitioner, enquiry was conducted by the respondents. The petitioner participated in the enquiry proceeding on number of dates as has been indicated in para-13 to the counter affidavit i.e. on 12.09.2001, 27.09.2001, 03.10.2001, 29.10.2001, 30.11.2001, 05.01.2002, 06.03.2002, 12.03.2002, and 14.03.2002. Thereafter, he was issued 2nd show cause notice on 25.07.2002 as to why appropriate punishment be not imposed upon him including dismissal from service for having remained absent unauthorizedly for a pretty long period. Inquiry report submitted by the inquiry officer found the charges against the petitioner to be proved. The petitioner furnished his second show cause on 25.07.2002. After taking into account the enquiry report, the 2nd show cause of the petitioner and the findings recorded in the said enquiry, the disciplinary authority came to a conclusion that the petitioner should be awarded with the punishment of termination from service for remaining under unauthorized absent for a considerable length of time from 12.09.1997. Learned counsel for the petitioner has assailed the aforesaid impugned order on the ground that the plea of mental illness of the petitioner had not been properly considered by the enquiry officer and the disciplinary authority though he had furnished the medical certificate as also prescription showing the treatment for mental disease of Schizophrenia for the said period. It is further submitted that the petitioner was a land loser and the appointment was given on that account treating him to be a land loser. The punishment imposed is harsh as in similar circumstances vide Annexure-8 dated 10.06.2002, another person under the employment of the respondent-Coal Company has only been inflicted with a punishment of withholding of two increment with cumulative effect. Based on these grounds, the impugned order has been assailed.

(3.) Learned counsel for the petitioner relies upon the judgment of the Hon'ble Supreme Court rendered in the case of Malkiat Singh Versus State of Punjab and Others, 1996 7 SCC 634 in order to submit that on furnishing proof of medical illness by way of medical certificate, the petitioner's absence could not have been treated as unauthorized or deliberately absenting himself.