JUDGEMENT
D. Datta, J. -
(1.) This is a writ petition that merits dismissal solely on the ground of gross suppression of material facts. But I do not propose to do that. I have considered the writ petition on its merits. Even then, I do not find any justification to exercise writ powers in favour of the petitioner.
(2.) The petitioner was rendered 'land loser' as a consequence of acquisition of land by Eastern Coalfields Limited (hereafter ECL). In pursuance of a scheme introduced by ECL for appointing 'land losers', the petitioner was appointed to a post in the clerical cadre at its Jhanjra Project. Appointment letter was issued on 18.9.1984 pursuant whereto the petitioner joined on 6.3.1985. It is claimed in the petition that the petitioner had submitted an application on 1.10.1993 with a prayer for granting leave on medical ground. He was suffering from ulcer and undergoing treatment under Dr. N.K. Nandi of Andal More, Ukhra Road who had advised him complete bed rest. The application had been sent by certificate of posting. The petitioner was completely bed ridden during the period 1.10.1993 to 5.4.1994. Dr. Nandi issued a certificate to this effect on 6.4.1994, which he submitted at the time of joining on 6.4.1994. But he was not allowed to join by the respondents. He was made to run from pillar to post for the purpose of obtaining an order for joining but excepting false hope, nothing fructified.
(3.) The petitioner in course of time came to learn on enquiry that a letter terminating his service with effect from 2.6.1994 was issued and it was sent to his native place at District Balia for which he had not been allowed to join. The termination has been questioned in the present petition alleging that no disciplinary proceeding was initiated against him and the entire action was in clear breach of principles of natural justice. It contains the following prayers:
i) To do and to proceed in accordance with law;
ii) To forbid from giving any effect to or further effect to the order of termination of service of this petitioner, if any, passed affecting the interest of this petitioner;
iii) To allow the petitioner to join in service forthwith;
iv) To forbid from giving any effect or further effect to any proceeding and or order affecting the interest of this petitioner;
v) Any other order or orders be passed, writ or writs do issue for the purpose of giving conscionable justice to the case and or pass such other order or orders as to your Lordships may deem fit and proper.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.