PRAMOD KUMAR SINHA Vs. CHAIRMAN, COAL INDIA LTD.

JUDGEMENT

(1.) The instant writ petition has been preferred by the Petitioner for the following reliefs:

(2.) Since issues involved in both these writ applications are same and similar and are also interconnected; as such, both were heard together and being disposed of by this common order. The brief facts lie in a narrow compass. The petitioners, Shri Pramod Kumar Sinha and Shri Bharatjee Thakur, are officers in the executive cadre under the Personnel Discipline of Central Coalfields Limited,[hereinafter referred to as "CCL"] a subsidiary of Coal India Limited[hereinafter referred to as "CIL"]. They were subjected to minor penalty proceedings under the provisions of the Coal India Limited Conduct, Discipline and Appeal Rules, 1978 (as amended up to April 2000)[ hereinafter referred to as "CIL-CDA Rules"].

(3.) Subsequently, based on a vigilance report arising out of a complaint dtd. 25/2/2015, both petitioners were issued charge memos on 07/10/2016. They were alleged to have facilitated the retirement of the said employee during the pendency of a departmental enquiry, which is in contravention of company rules, thereby allegedly enabling the release of retiral benefits and acting prejudicially to the interest of the company.