BHARAT COKING COAL LTD Vs. KRISHNAPADA KUMBHKAR

JUDGEMENT

(1.) THIS application has been filed at the instance of M/s Bharat Coking Coal Ltd., wherein prayer has been made for modification of order dated 17.5.2005 passed in WPS No. 2645 of 2005 on the ground that on the basis of forged and fabricated document, the writ petitioner obtained the aforesaid order.

(2.) THE writ petitioner namely, Krishnapada Kumbhkar filed WPS No. 2645/2005 for issuance of a writ of certiorari for quashing the show cause notice dated 16.3.2005/1.4.2005 and also for declaration that the respondents have no authority or jurisdiction to withdraw the employment of the petitioner. A true copy of the said notice was annexed as Annexure -7 to the writ application. The said notice was alleged to have been addressed to the petitioner wherein it was stated that the petitioner got employment on the ground that his land was acquired but subsequently it was found that such contention was erroneous and the petitioner got employment by fraudulent means.

(3.) AFTER the aforesaid order was passed, respondent -Bharat Coking Coal Ltd. appeared and filed the aforesaid C.M.P.No. 287/2005 stating inter alia that such show cause notice dated 16.3.2005/1.4.2005(Annexure -7) was never issued to the petitioner and the said notice is a forged and fabricated document.