GOPAL PRASAD Vs. CENTRAL COALFIELDS LIMITED AND ORS.

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the the order as contained in Reference No. 1027-36 dated 7/8.5.2004, whereby and whereunder, the petitioner has been found guilty in a departmental proceeding and awarded punishment of demotion to next below grade as loading clerk Gr.-II with immediate effect and placed in the pay scale of Rs. 3698-5878/-. It has further been prayed that the respondents be directed to make payment of arrears under the voluntary retirement scheme to the post of loading inspector Gr.-I along with all consequential benefits.

(2.) The petitioner while he was posted as Assistant Inspector in Sirka Colliery of M/s. Central Coalfields Ltd. (CCL) was suspended vide letter No. 9833 dated 28/30.11.1998 by the respondent No. 2. A charge-sheet was issued against the petitioner for the following charges:-

(3.) On being asked to submit an explanation, the same was submitted by the petitioner and on finding the same to be unsatisfactory it was decided to hold an enquiry. On culmination of the enquiry, the enquiry report was submitted to the respondent No. 2 and thereafter vide letter as contained in Memo No. 16759 dated 6/9/.2.2004, a second show cause notice was issued to the petitioner. A show cause reply was submitted by the petitioner and ultimately vide office order No. 1027-36 dated 7/8.5.2004, the respondent No. 2 imposed a punishment of demotion to next below grade upon the petitioner in the service of the company to loading clerk Gr.-II with immediate effect. The petitioner had also applied for voluntary retirement and the same was accepted by the respondent No. 3 and the petitioner was relieved from the services of the company w.e.f. 16.10.2004. Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Kaustav Panda, learned counsel for the respondents.