Kalyan Jyoti Sengupta, J. - (1.) The instant appeal is directed against judgment and order of the learned single Judge dated 7th December, 2006 by which the appellant's writ petition was dismissed.
(2.) The appellant filed the Instant Writ petition challenging the award dated 20th November, 1998 passed by the learned Central Government Administrative Tribunal (Calcutta Bench) in reference case No.9 of 1984, whereby and whereunder the order of dismissal of the respondents/workmen was set aside.
(3.) The fact and circumstances leading to filing the writ petition is stated hereunder: 1. The first respondent was the workman of the writ petitioner at Satgram Colliery. On 2nd November 1981, the respondent Nos.l and 2 with other Mason, Mazdoor, one Sri Ram Raj Yadav and Santu Roy were engaged underground in the important work of sealing isolation stopping. The work was very urgent and had to be done expeditiously for the safety of the mine as well as workmen deployed underground. According to the version of the appellant/writ petitioner, the said persons refused to work allotted to them on flimsy ground in spite of being explained about the urgency of the work by Sri P.M. Banerjee, the then Assistant Manager and thereafter the then Assistant Manager Sri P.K.Majumdar. On the contrary the said three persons including the respondent No. 1 abused and threatened Sri P.H.Majumdar assaulted and inflicted injuries on him. They without doing any work left the mine at about 12:40 p.m. much before the time schedule of completion of the shift. Assistant Manager, Sri Majumdar was assaulted on the surface. Because of commission of the aforesaid misconduct the first respondent was departmentally proceeded with issuance of charge sheet dated 3rd November 1981 under the relevant provision of standing order. The allegation of misconduct was that leaving work without, permission or specific reason and threatening, abusing and assaulting superior officer. The first respondent through his union replied to the said charges and having found the reply to be unsatisfactory a domestic enquiry was held, Sri D.C.Mitra, Senior Personnel Officer of Bengal Colliery was appointed Enquiry Officer. Upon completion of due and lawful enquiry in which first respondent duly participated with the help of co-worker with all the opportunities of being afforded during enquiry, the Enquiry Officer submitted report having found him guilty of both the charges of assault and leaving place of work. On receipt of the report of the enquiry by an order dated 10th April 1982 General Manager, Satgram area accepted the same, and having regard to the gravity of the misconduct he awarded punishment of dismissal from the services with effect from 14th April 1982.;