APARUP KUMAR CHATTERJEE Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) PRAYER in this writ application has been made for issuance of a direction in the nature of mandamus commanding upon the respondents to allow the petitioner to resume his duties immediately and also to pay the arrears of salary on and from April, 1997 till date and also to pay the current salary to the petitioner.

(2.) THE facts of the case in brief are that the petitioner was employed under the respondents and was assigned the duties at the Head Quarters of b. CCL. where he was working as an Accounts Assistant in the Finance Department. On the ground of certain allegations of misconduct in performance of duty, the petitioner was placed under suspension in November, 1975 and after serving him with the formal charge sheet, a departmental proceeding was initiated against him. Subsequently, pursuant to an order of Kolkata High court, where the petitioner had preferred the writ application, he was allowed to resume his duty and thereafter he joined on 7. 5. 1993. However, even after the petitioner was allowed to resume duty, he was again put under suspension in the year 1995 on the ground that he again absented from duty. However, he was allowed to resume duty in May, 1996. Although he was attending his duties, but surprisingly he was served with another order along with charge sheet intimating that a departmental proceeding has been initiated against him on the ground of absenting from duty from April, 1997.

(3.) LEARNED counsel for the petitioner submits that the inquiry was concluded in the year 2000 but the inquiry report was served upon the petitioner two years later in the year 2002 and in response to which he had submitted his replies but thereafter the respondents have not taken any steps in the matter and have not been allowing the petitioner to resume his duty either.