CENTRAL COALFIELDS LIMITED Vs. ANGURI KHATOON

JUDGEMENT

(1.) The appellant- Central Coalfields Limited is aggrieved of the order dtd. 10/1/2017 passed in W.P.(S) No.830 of 2011, by which the order of dismissal of the employee namely, Asgar Ali from service has been quashed and his widow has been held entitled for all consequential benefits, except back wages for the interregnum.

(2.) Referring to the decision in "National Fertilizers Ltd. and Anr. Vs. P.K. Khanna" reported in (2005) 7 SCC 597, Mr. A.K. Das, the learned counsel for the appellant- CCL contends that dis-agreement of the disciplinary authority to the enquiry report has been duly recorded in the second show-cause notice dtd. 30/7/2008 but the learned writ Court has erred in law in quashing the dismissal order on the ground that "notes of dis-agreement" was not served upon the employee- Asgar Ali.

(3.) As against the above, Mr. Rishi Raj Verma, the learned counsel for the respondent no.1- writ petitioner (hereinafter referred to as respondent) submits that by not serving notes of dis-agreement before the disciplinary authority took a final decision in the matter the employee was denied a valuable right to place his case before the disciplinary authority and therefore the learned writ Court has rightly interfered with the order of dismissal.