CENTRAL COALFIELDS LIMITED, RANCHI Vs. INDU BHUSHAN PRASAD

JUDGEMENT

(1.) Heard learned counsel for the appellant Central Coalfields Limited and the learned counsel for the private respondent.

(2.) The appellant Company is aggrieved by the impugned order dated 13.11.2013, passed by the Hon'ble Single Judge, in W.P.(S) No. 3752 of 2012, whereby the Hon'ble Single Judge has quashed the departmental proceeding against the respondent, mainly on the ground of inordinate delay, and has directed for consideration of the promotion of the respondent to the higher post, which had been denied to him on the ground of pendency of the departmental proceeding, with effect from the date, the juniors to him were so promoted.

(3.) The facts of this case lie in a short compass. The respondent was appointed on 18.01.1996, as Accountant (T and S Grade-A), in the appellant Company. By letter dated 10.11.2003, as contained in Annexure-1 to the memo of appeal, the respondent was put under suspension and asked to show-cause as to why he should not be subjected to a disciplinary proceeding, for the charges mentioned therein, which related to passing certain bills pertaining to the certain repair works carried out in the residential quarters of the Company, which had allegedly led to the loss of Rs.8,88,593.64/- to the Company. According to the respondent's case he replied to the said letter without any delay.