NOEL RUNDA Vs. CENTRAL COAL FIELD LIMITED

JUDGEMENT

(1.) The petitioner has approached this Court challenging the penalty order dated 23/24.11.2011 whereby punishment of "stoppage of one increment with the cumulative effect" has been passed against the petitioner. A prayer for quashing the charge-sheet as well as the enquiry report dated 11.8.2011 has also been made in the present writ petition. The brief facts as stated in the writ petition are that, the petitioner was appointed as Assistant Storekeeper in the year, 1974 and in the year, 1979 he was given charge as Storekeeper. The petitioner was promoted to the post of Senior Storekeeper in the year, 1988 and in the year, 1997 he was promoted as Chief Storekeeper. It is also stated that thereafter, the petitioner was promoted as Chief Storekeeper (a non-Executive post). On 29.3.2009, a show-cause notice was issued to the petitioner to which he replied on 14.4.2009 and on 3.8.2009. However, as the explanation of the petitioner was not found satisfactory, a charge-memo dated 10.2.2010 was issued to the petitioner on the allegation that while posted as Storekeeper at Khas Mahal between the period 2.7.1996 to 8.5.1997, he failed to check receipt and proper filing of documents. A departmental proceeding was initiated and an enquiry report was submitted on 11.8.2011. The disciplinary authority passed the penalty order of "stoppage of one increment with the cumulative effect". Aggrieved the petitioner has approached this Court by filing the present writ petition.

(2.) A counter-affidavit has been filed on behalf of respondent Nos. 1 to 5 stating that the charge against the petitioner was serious as he failed to check the filing of reports etc. while working in the Khas Mahal project of C.C.L., B & K Area and therefore, a regular departmental enquiry was initiated. Charge against the petitioner was found proved and therefore, the disciplinary authority has passed the order of penalty.

(3.) Heard learned counsel appearing for the parties and perused the documents on record.