- (1.) The Court-The petitioner at the relevant time was working as Senior Mining Engineer/Safety officer in the Bharat Coking Coal Limited, a subsidiary of Coal India Limited. The petitioner was in the pay-scale of Rs.5200-160-6000-175-6875/- and was thus placed in E-5 Grade. The fact about the petitioner being in the aforesaid pay-scale and in E-5 Grade has been stated in para 8 of the writ application. This fact has not been disputed by the respondents.
(2.) It appears that the petitioner was initially suspended on 30th July, 1989 in contemplation of some investigation but later on the said suspension order was withdrawn on 5/6.10.89. Ultimately on 6th October, 1989 Director (Technical) Operations issued a charge sheet under his signatures to the petitioner. He was charged for the following acts of misconduct :- (a) Neglect of work or negligence in the performance of duty including malingering or slowing down of work. (b) wilful damage to property of the Company. (c) Abetment of or attempt at abetment of any act which amounts to misconduct. (d) Any breach of any of the provisions of the Rules or any other statues or rules. Enquiring followed into the matter and ultimately by order dated 14th March, 1994 issued by the Chairman-cum-Managing Director, Bharat Coking Coal Limited, respondent No. 1 herein the petitioner was removed from service of the respondents. It is this order which has been challenged by the petitioner in this court through this petition filed under Article 226 of the Constitution of India.
(3.) On 26th June, 1997 in the case of Ram Lakhan Prasad Singh v. Chairman-cum-Managing Director, Coal India Limited and Others (W.P. No. 854 of 1994) I had set aside and quashed the dismissal order of the petitioner in that case. It is contended and submitted by the learned Advocate for the petitioner in the present petition that the case of Ram Lakhan Prasad Singh (supra) is identical and similar to the case of the petitioner, both based on same facts and questions of law. In fact it is contended that in both the cases, same set of allegations were levelled and that in both the cases the charge sheet was served upon the delinquent officer by an incompetent person and since on this ground alone I had quashed and set aside the dismissal order in the case of Ram Lakhan Prasad Singh, I should follow the same principle in the present case.;