YUGAL RAJAK Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the order dated 20.6.2001 passed by the General Manager, S.P. Mines Area (respondent No. 2) whereby the petitioner has been dismissed from his service and was further directed to refund the total compensation paid against the land to the petitioner. According to the petitioner, his land appertaining to Jamabandi No. 10 of Mauza Bhawanipur No. 597, Taluque Phulchewan, P.S. Chitra, district Dumka, more or less measuring about 8.60 acres was acquired through the Land Acquisition Proceeding in I.A. Case No. 11 of 1987 -88. The said land belonged to his mother 'smother. The compensation was paid on acquisition of the said land. The petitioner claims himself to the sole heir and legal representative of his maternal grand mother. On the basis of policy of the Company, the petitioner was given employment, on due consideration and verification of the records in 1984.

(2.) A counter affidavit has been filed on behalf of the respondents stating, inter alia, that the petitioner has played fraud and submitted incomplete family tree which led to the litigation. It was stated that in view of the decree passed in the title suit, the petitioner was not entitled to continue in the service. In the counter affidavit, it has not been stated that for the alleged fraud and misrepresentation any charge was framed against the petitioner or any departmental proceeding was initiated informing him the charges. The learned counsel for the respondent firmly submitted that no charge -sheet was ever served and there was no departmental inquiry, and only on the ground of the judgment and decree of the trial Court whereby some share was declared in favour of the plaintiff of that suit in respect of the land against which the employment was given to the petitioner, the said order of dismissal was passed against the petitioner.