JAMUNA HARIJAN Vs. CENTRAL COALFILED LTD.

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the enquiry report dated 13.09.2013 whereby the petitioner has been held to be an imposter and for direction upon the respondents to make payment of entire monetary benefit/consequential benefit by granting continuity in service as per direction of Honourable Court passed in L.P.A. No. 33 of 2010.

(2.) Challenging the office order dated 25.01.2006 whereby respondents served notice of superannuation upon the petitioner, the petitioner initially moved this Court by filing W.P. (S) No. 2501 of 2006, which was disposed of by quashing the impugned office order dated 25.01.2006. Aggrieved whereof, the respondents preferred appeal by filing L.P.A. No. 33 of 2010 taking a specific ground of impersonation against the petitioner. The said L.P.A was dismissed vide order dated 06.03.2013 with direction to respondents to reinstate the petitioner in services with all consequential benefits. However, liberty was reserved with the respondents-Management to proceed against the petitioner by conducting a fresh enquiry. Against the order passed by Division Bench of this Court, the respondents preferred S.L.P., however, the same was withdrawn on 05.08.2013. It is averred that for noncompliance of order of Honourable Court for reinstatement, the petitioner preferred Cont. Case (C) No. 846 of 2011, but, during the pendency of the contempt application, the respondents authority concluded the enquiry in haste giving its finding that the petitioner is an imposter as he failed to prove that his father's name is Jugal Mochi vide its report dated 13.09.2013, which is impugned in this case.

(3.) Learned counsel for the petitioner submitted that at the time of appointment of the petitioner, in his service record, the name of his father has been mentioned as Jugal Mochi, who was also known as Jugnu. It has been submitted that even the respondents-Management has acknowledged the fact that the name of his father is Jugnu, as is evident from Mines Vocational Training Certificate dated 110.2001 and Identity Card issued as far back as in the year 1990 wherein the name of the petitioner has been stated as Jugnu Ahirwar. Further, the petitioner has sworn an affidavit in the year 1989 showing his father's name as Jugal Ahirwar but as he was also known as Jugnu Ahirwar, accordingly, in the ration card and pan card, the name of the father of the petitioner has been indicated as Jugnu Ahirwar. Learned counsel for the petitioner submitted that the enquiry has been conducted in hot haste and only to save the skin from the proceeding of Contempt application, wherein the Honourable Court directed the respondents-authorities to remain physically present for non-compliance of order passed in W.P. (S) No. 2501 of 2006, departmental proceeding was concluded in a very haste manner. It has been submitted that in the enquiry no opportunity for placing the case of the petitioner has been afforded to the petitioner rendering the enquiry report non-est in the eye of law.