- (1.) This appeal raises an interesting question relating to the initiation of the disciplinary proceeding against the appellant/writ petitioner. It is contended on behalf of the appellant that the disciplinary proceeding was initiated against the said appellant/writ petitioner on the basis of a charge sheet, which according to the said appellant/writ petitioner, does not disclose any misconduct.
(2.) The appellant herein, at the relevant time, was posted as Deputy Chief Mining Engineer, Hasdeo, South Eastern CoalFields Ltd., a subsidiary of Coal India Ltd. On 7th February, 1997 a show cause notice was served to the appellant under the signature of the Executive Director (Vigilance). However, subsequently by the written communication dated 19th February, 1997, the said appellant was asked to ignore the said show cause notice. The aforesaid letter dated 19th February, 1997 issued to the appellant herein is set out hereunder: MAHANADI COALFIELDS LIMITED VIGILANCE DEPARTMENT ANAND VIHAR BURLA SAMBALPUR KOLKATA 700 032 Ref. No. MCL/SBP/VIG/VC-16/96/155 Date : 19.02.1997 To Shri N.K. Tripathy, Project Manager, MCL,SOCP, Ib Valley Area. Dear Sir, Kindly refer to this office letter No. MCL/SBP/VIG/VC-16/96/114 dated 07.02.97 seeking your clarification regarding the matter of external electrification of B type quarters phase tow of Ananta OCP awarded to M/s. NK Patnaik and your visit to this office today i.e. 19.02.97. Since on perusal of the records, it is found that this matter does not pertain to you, you are requested to kindly ignore the letter under reference issued to you. Inconvenience caused to you is sincerely regretted. Yours faithfully, Sd/- (I.S.N. Murty) Dy. Manager(Vigilance) Subsequently, by Memorandum dated 21st /22nd October, 1998 the Chairman-cum- Managing Director, Mahanadi CoalFields Ltd. informed the appellant that an enquiry would be held on the following charge: ARTICLES OF CHARGE-1: Being a Member of the Tender Committee which evaluated the offers of different tenderes in the Tender No.CGM (JA)/SO (E&M)/20/20289 dated 14.8.95 for dust suppression arrangement of coal stocks of Balanda Colliery, Shri Tripathi during January, 96, along with other members of the TC recommended to the competent authority for acceptance of the revised offer of M/s.SAMCO has resulted in causing huge loss to the company
(3.) According to the appellant, the aforesaid charge-sheet was issued in a desperate attempt with ill motive to victimize the appellant. The appellant participated in the departmental proceeding initiated by the Disciplinary Authority on the basis of the aforesaid charge-sheet. The enquiry officer submitted a report before the Disciplinary Authority recording the finding that the charge levelled against the appellant had not been proved. The aforesaid findings of the enquiry officer are set out hereunder: FINDINGS Sri N.K. Tripathi, CO was a member of tender committee and he has accepted the revised offer of the contractor @ of 21% above the estimated rate. The revised offer made by the contractor to work on 21% of the estimated values does not seem to be reasonable and feasible also and as such the tender committee might have taken it on the spirit of the letter and not by words. Moreover Shri Tripathi has not seen or signed the revised offer of the contractor for which he cannot be made responsible. Further he is the dummy member of the T.C.R. by virtuye of holding the post of Staff Offier (P&P). The actual TCR member who execute and scrutinize the documents vis- -vis market rates etc. by the finance member and technical member (in this case E&M member). As such this charge is not proved against Shri Tripathi. ;