N.K. SRIVASTAVA Vs. CHAIRMAN, COAL INDIA LTD.,

JUDGEMENT

(1.) THE petitioner has approached this Court challenging the order dated 05.09.2003 passed by the Chairman -cum -Managing Director, who is the disciplinary authority. The brief facts of the case are that, the petitioner was appointed as an Executive Engineer (Civil) in the year 1977. A Charge Memo was issued to the petitioner on 18.01.2002. The Articles of Charges are extracted below:

(2.) ON conclusion of the enquiry, an enquiry report was submitted and second show -cause notice was issued to the petitioner on 17/21.07.2003 to make a representation on the penalty proposed. The petitioner moved this Court in W.P. (S) No. 4138 of 2003 challenging the memorandum dated 17/21.07.2003 however, the writ petition was dismissed by order dated 23.08.2003. The petitioner preferred a Letters Patent Appeal being L.P.A. No. 613 of 2003 which was also dismissed by order dated 13th August, 2004. In the meantime, the petitioner sent a fax message dated 25th August, 2003 seeking one week's time for filing his reply to the show -cause notice and by representation dated 28.08.2003, the petitioner requested the authorities to wait for the decision in L.P.A. No. 613 of 2003 however, by order dated 5th September, 2003, the order of penalty of "reduction of pay of Shri N.K. Srivastava to Rs. 19,500/ - i.e. the lowest stage in the time scale of pay for the remaining part of his service with effect from 01.09.2003", was passed. In these facts, the petitioner has approached this Court. A counter affidavit has been filed on behalf of respondent No. 2 stating as under;

(3.) HEARD counsel for both the parties and perused the documents on record.