B.S. Chauhan, J. - (1.) LEAVE granted.
(2.) THIS appeal has been preferred against the judgment and order dated 22.7.2008 passed in M.A.T. No. 2852 of 2007 by the Calcutta High Court dismissing the appeal of the present Appellants against the judgment and order of the learned single Judge dated 16.8.2007, passed in Writ Petition No. 22658(W) of 2005, by which the learned single Judge had quashed the punishment order of dismissal from service as well as the disciplinary proceeding against Respondent No. 1 (hereinafter called the delinquent), giving liberty to the present Appellants to initiate the proceedings afresh, if the disciplinary authority so desired. Facts and circumstances giving rise to this case are that the delinquent has been employed as a Medical Officer (E -2 grade) in Coal India Limited (hereinafter called as 'CIL'). On 29.6.1991, when the delinquent was posted at Central Hospital, Asansol, established under the control of Eastern Coalfields Limited (hereinafter called as ECL), he abused and made an attempt to physically assault his senior officer Dr. P.K. Roy, the then Chief Medical Officer, unprovoked. In this process, other officers who tried to intervene stood assaulted. Disciplinary proceedings were initiated against the delinquent by issuing a charge sheet dated 26.7.1991. After the conclusion of the proceedings, the inquiry officer submitted the report holding that the charge stood proved against him. After considering the inquiry report, the delinquent was dismissed from service, vide order dated 17.6.1993, by the Chief Managing Director (hereinafter called as CMD) of the ECL, a subsidiary of the CIL. The said order of dismissal was challenged by the delinquent by filing Writ Petition CR No. 11177(W) of 1993 and the same stood allowed by the learned single Judge vide judgment and order dated 22.2.2001 on the ground that the order of dismissal had been passed in contravention of the Statutory Rules. The competent authority under the disciplinary rules was the CMD, CIL, who had not passed the order of punishment. All other issues raised by the delinquent were left open. The Appellants employers were given liberty to initiate the proceedings de -novo, giving adequate opportunity to the delinquent to defend himself.
(3.) BEING aggrieved, the Appellants challenged the said judgment and order dated 22.2.2001 by filing MA No. 1081 of 2001. The said appeal was dismissed vide judgment and order dated 8.8.2001 observing that CMD, CIL was the only competent authority to award a major punishment like dismissal. The court further held that the delinquent would be treated in the light of the judgment of this Court in Managing Director, ECIL, Hyderabad etc. etc. v. B. Karunakar etc. etc. : AIR 1994 SC 1074. However, the direction for holding the disciplinary proceedings de -novo was not altered.;