SMT. PANDAWA DEVI Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner calls in question the legality and propriety of the impugned order dated 18/19.10.2004 (Annexure-10) passed by the respondent No. 3 in departmental proceeding CGM (R)/Pers-92/98/2727 dated 9/12.01.1998 pertaining to infliction of punishment of termination from the service of Central Coalfields Limited with immediate effect and for quashing of the order dated 05.05.2005 passed by the appellate authority vide Annexure-14 to the writ application.

(2.) The facts, as disclosed in the writ application, in a nutshell is that, the petitioner was initially appointed as a General Mazdoor, Category-I in the CCL, Rajrappa Area in the year 1991. After joining the said post, she continued to discharge her duties to the utmost satisfaction of the superior authorities. On 12.08.1997 to the utter misfortune, when the she was badly burnt while cooking at home, she sustained grievous burn injury in her both thigh and legs and was admitted to S.J. Hospital, Rajrappa for her treatment. Thereafter, the petitioner was proceeded departmentally vide Annexure-3 to the writ application and the petitioner was asked to submit reply to the said charges. Thereafter, the petitioner submitted reply to the said charge vide Annexure-4 to the writ application. The matter was enquired into and the inquiry officer submitted inquiry report. The petitioner filed application for supply of the inquiry report, but despite application, no inquiry report was supplied to the petitioner. On 14.08.2004 second show cause notice was issued to the petitioner and in pursuance to the said second show cause notice, petitioner submitted reply to the second show cause. Thereafter, the impugned order of termination from service dated 19.10.2004 has been passed by the General Manager, CCL., Rajrappa Area (respondent No. 3) vide Annexure-10 to the writ application. Being aggrieved by the order of termination, the petitioner filed appeal before the appellate authority which stood affirmed by the appellate authority vide order dated 05.05.2005.

(3.) Heard Mr. C.S. Pandey, learned counsel for the petitioner and Ms. Pooja Kumari, learned counsel appearing for the respondents.