MADAN SINGH Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) By Court: Heard learned counsel appearing for the parties and perused the documents on record.

(2.) The petitioner was appointed as a Clerk (T) CategoryI vide letter dated 25.02.1991. On 06/10.01.1997, a showcause notice was issued to the petitioner for committing misconduct under Clauses 26.1.2, 26.1.11 and 26.1.15 of the Certified Standing Order of BCCL. An inquiry was conducted into the matter and the inquiry report dated 05.04.1997 was submitted finding the charges not proved. Subsequently, on the basis of joint inspection report dated 03.10.1997, another charge memorandum dated 19.10.2000 was issued to the petitioner. An inquiry was conducted into the matter and the inquiry report dated 04.01.2004 was submitted finding the charges proved against the petitioner. A second show cause notice was issued to the petitioner on 14.04.2007 to which the petitioner submitted his reply. The penalty of dismissal from service was passed on 28.04.2007, and the appeal preferred by the petitioner has been dismissed by order dated 16.10.2009

(3.) A counter affidavit has been filed stating as under: