JHARKHAND HIGH COURT ISSUES ORDER ON SURENDRA PRASAD V/S COAL INDIA AND ORS.

RANCHI, India, Sept. 19 -- Jharkhand High Court issued the following order on Aug. 19:

1. The instant writ application has been preferred by the Petitioner praying therein for quashing of the order dated 15.06.2016 (Annexure-6), passed by the 2 nd Respondent and communicated vide letter dated 15.06.2016 by G.M. (Min)/Vigilance, Coal India Ltd., Kolkata; whereby the Petitioner has been dismissed from service for accepting illegal gratification of Rs.5000/-.

2. Briefly stated, the Petitioner joined services under Respondent no. 5 in the year 1987 as Management Trainee and rose up to the post of Senior Manager (Personnel). Thereafter, in the year 2013, on account of an FIR lodged by CBI on 28.06.2013 against the Petitioner for having demanded and accepted illegal gratification of Rs.5000/- from the complainant through Md. Asin, who was his clerk for processing/passing his bills of pending salary; a disciplinary proceeding was initiated and after detailed enquiry, order of punishment of dismissal was passed.

3. The sole stand of the Petitioner, as has been argued by Mr. R. Krishana, Ld. Counsel representing the Petitioner is that the person who issued the Charge-Sheet was not competent to issue the same. He further draws attention to the "Schedule Under Rule-27.0 and submits that as per Rule 27.2 (a); the employees/officers in Grade E-1 to M-3 posted in Coal India Limited for any of the subsidiary companies, the Chairman-cumManaging Director, Coal India Limited shall be the disciplinary authority.

4. Learned counsel further argued that the punishment which has been imposed upon the petitioner is by the CMD of the BCCL; whereas Rule 27.3(a) clearly stipulates that for the officers in Grade E-1 to M-3 posted in subsidiary companies; the CMD of the concerned subsidiary companies would be the disciplinary authority except with regard to the penalties referred to in Rule 27.1(ii)(b) to Rule 27.1(ii)(d) and in the instant case the order of dismissal has been passed, which comes under Rule 27.1(ii)(b) to Rule 27.1(ii)(d).

5. Further case of the petitioner is that though in the instant case, the punishment of Dismissal has been imposed by the CMD, Coal India Limited but the charge-sheet has been drawn by the CMD of the subsidiary Unit i.e. B.C.C.L and Rule 29.3 which deals with the procedure for imposing major penalties; it has been categorically stated that where it is proposed to hold an enquiry against an employee under these Rules the disciplinary authority shall draw up or cause to draw up the substance of imputation of misconduct or misbehavior into definite and distinct article of charges and as per schedule referred to hereinabove; the penalty can be imposed by the CMD of the Coal company and the Subsidiary Unit is only for other penalties except the major penalty of compulsory retirement, removal from service, dismissal and VRS.

6. Thus, the only question raised by learned counsel for the Petitioner is that whether the charge-sheet has been issued by the competent person, inasmuch as, he was CMD of the subsidiary Unit and not CMD of the Coal India Limited. As such if the Court holds that the charge-sheet itself is illegal; then all consequential orders would be vitiated. Relying upon the aforesaid provisions, learned counsel submits that the disciplinary authority has already been defined under Rule 29.3(a) read with Rule 27.2(a).

7. In support of his contention, learned counsel for the Petitioner relied upon paragraphs 50 to 54 of the judgment passed by the Hon'ble Apex Court in the case of Union of India & Ors. Vs. B.V. Gopinath1 . For brevity the said paragraphs is quoted herein below:

"50. In our opinion, the Central Administrative Tribunal as well as the High Court has correctly interpreted the provisions of Office Order No. 205 of 2005.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vQSUXG1m%2Fv%2FiDa8Yxu9IqvwfAU2zP0LxRlxngvOJgjgd&caseno=WPC/4812/2016&cCode=1&cino=JHHC010257082016&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.