MINA SINHA Vs. INDIAN SCHOOL OF MINES, DHANBAD

JUDGEMENT

(1.) The writ petition has been filed challenging orders dated 19.01.1998, 09.02.1999 and 17.06.1999. Heard the learned counsel appearing for the parties and perused the documents on record.

(2.) The original petitioner was appointed on 29.11.1979 on the post of Deputy Registrar (Accounts). A charge-memo was served upon the original petitioner on 21.04.1992. An enquiry was conducted into the charges leveled against him and the enquiry report dated 06.02.1997 was submitted. A second show-cause notice dated 02.08.1997 was issued to the original petitioner however, without considering his reply, the order of penalty removing him from service was passed on 19.01.1998. The original petitioner sought review and the order of removal from service was converted into an order of compulsory retirement.

(3.) The learned counsel appearing for the petitioner has submitted that, the enquiry officer submitted a report whereunder all the charges except, part of charge Nos. 1 and 3, were not found proved. The disciplinary authority disagreed with the findings recorded by the enquiry officer however, a perusal of the second show-cause, notice would indicate that the grounds of disagreement to the findings recorded by the enquiry officer are superficial. Moreover, the reply of the original petitioner was not considered by the disciplinary authority and therefore, the impugned orders are liable to be quashed. The learned counsel appearing for the petitioner has pointed out that in the 77th Meeting of the Executive Board of Indian School of Mines held on 12.12.1990 vide item No. 77.6.1 of the Minutes of Meeting, the Board resolved to take necessary action for selection and appointment to the post of Director. The Minutes of Meeting was circulated to the members of the Board. On 26.02.1991, the petitioner was assigned the post of Acting Registrar however, the Chairman did not like the posting of the petitioner by the Director as the Acting Registrar. Under the prevailing circumstances, the petitioner filed Title Suit No. 19 of 1999 in the Court of Munsif, Dhanbad seeking temporary injunction restraining the School from removing the petitioner from the position of Acting Registrar. Vide orders dated 04.03.1991 and 05.03.1991 the order of "Status-Quo" was granted by the Court and though, a Civil Revision No. 224 of 1991 (R) was filed by the Chairman in the High Court, the said application was dismissed as withdrawn on 10.03.1992. The 78th Meeting of the Executive Board of the School was held on 16.03.1991 and vide item No. 78/1/1(b) of the Minutes of meeting, the Minutes of 77th Board Meeting (item 77.6.1) were confirmed. After the meeting the Chairman instructed the petitioner to circulate the photocopies of the confirmed Minutes of Meeting in respect of item 77.6.1 to all the members present there. The petitioner complied with the direction of the Chairman, although the Minutes of the 78th Meeting of the Board held on 16.03.1991 were finally approved by the Chairman on 03.05.1991 and therefore, it cannot be alleged that the petitioner intentionally circulated the same belatedly.