Monoranjan Mallick, J. - (1.) The petitioner who is at present working as Additional Chief Mining Engineer Central Coal Fields Ltd., Ranchi has moved this Court under Article 226 of the Constitution being aggrieved by the Memorandum of charge-sheet Annexure 'G' to the writ petition.
(2.) The petitioner alleges that both the two charges are devoid of substance, that as regards the first charge it cannot be levelled against him as he was not working as the Area Manager in Area No. V at the time of the issuance of the two work orders and the petitioner had no responsibility and/or connection with the issuance, of the said two work orders and that the first charge has been issued mechanically and without application of mind. It is also contended that the Second charge has also no substance and for that purpose the judgment of the Patna High Court quashing the criminal proceeding initiated against the contractors, by the order dated 31st July, 1987 has been referred to.
(3.) The petitioner therefore submits that the Memorandum of Charge sheet has been issued by the Respondents with malafide motive only for the purpose of withholding the promotion which has become due to the petitioner from Grade E-8 to E-9 for which he has already been cleared by the Departmental promotion Committee. It is also submitted that the charge does not disclose even prima facie any commission of misconduct by the petitioner and the charge-sheet and the articles of charges cannot be sustained in the eye of law.;