Harish Tandon, J. - (1.) The Court: The employee beleaguered with the undisputed facts has challenged the entire disciplinary proceeding initiated against him, which culminated into an order of dismissal, in the instant Writ Petition. The arguments are advanced in this behalf on several proposition of law, some may carry relevance whereas others completely foreign and alien to the facts and circumstances of this case. The abstract proposition of law is agitated before the Court without considering whether those can at all be applicable in the facts and circumstances of the instant case. A large number of decisions are cited purely on the question of law without making any attempt to find out whether those have any nexus with the undisputed facts of the case. The Court is constrained to deal with those points and deal with the judgments relied upon by the respective Counsels as the avoidance may populate a sense in the mind of the litigant that his case has not been determined in proper manner.
(2.) The sense becomes stronger when the proceeding relates to a dismissal from service having serious repercussion on the livelihood of a person. An unsuccessful employee, who lost in all tiers of remedy provided under the Service Rules, has approached this Court in challenging the disciplinary proceeding, which ended in order of dismissal for setting aside the order of the Disciplinary Authority as well as the Appellate Authority on various grounds including that the authority which passed the order of dismissal is not competent to do so in view of Office Order dated July 17th, 2000 issued by the Eastern Coal Field (ECL) Limited.
(3.) The undisputed facts are that the Petitioner was provided an employment under land looser scheme by Eastern Coal Field Limited Authority and appointment letter was issued on 23.11.1993 by the Personal Manager, Bankolka Area upon getting the due approval from the competent authority. The Petitioner disclosed his date of birth as 10.08.1961 at the time of seeking such employment. After such appointment, the service book was prepared, which includes Form 'B' prescribed in the Mines Act and Rules and the particulars recorded therein should be verified by the employee and to certify that the information recorded therein are true and correct.;