D.P.KUNDU,J. - (1.) WHILE the petitioner was working as Despatch Clerk in Sodepur Colliery under Eastern Coalfields Ltd. by virtue of a charge -sheet dated September 13, 1998 some charges were levelled against the writ petitioner. The relevant portion of the charge -sheet is quoted hereinbelow: - 'Sub: Charge -sheet. This has been reported and also found afterpreliminary enquiry that there was adiscrepancy in despatching coal throughroad despatch in the month of August 1998.As per sale order No. 98070320 dated July10, 1998 the consumer 'Saraf Silicate' wasgiven sale order of 265 MT of goods 'B'Steam Coal from Sode 3 A.P. pit. But it wasfound that an excess of 33.460 MT of thesame grade coal was allowed to be lifted andthat the excess quantity was taken away by'Saraf Silicate', Nimakanali Road,Barakar. As a Despatch Clerk how you haveallowed the above irregularities without;proper verification which is an importanttask to be done on your part. You have failedto verify the quantities being despatchedalso failed to keep the records updated forproper reconciliation. This is a gross negligence on the part of your duty which is of serious nature. You are, therefore, charged under the Standing Order of the company applicable to you under section as follows: - Section 17(i)(a) 'Dishonesty in connection with employer's business'. 17(i)(f) 'Neglect of work'. As the charges are of serious nature, you are, placed under suspension pending enquiry. You are, required to submit your written explanation within 48 hours of the receipt of this letter as to why disciplinary action will not be taken against you for such misconduct. This will have(sic)effect immediately from September 16, 1998.'
(2.) AN enquiry was conducted in respect of the charges levelled against the writ petitioner and the enquiry officer found that the charges for neglect of work and dishonesty in company's property of business have been established against the writ petitioner. By an order of dismissal dated November 10, 1998 issued by Dy. Chief Mining Engineer/Agent Sodepur Group, Eastern Coalfields Ltd. the petitioner was dismissed from the service of the company with immediate effect. The relevant portion of the order of dismissal is quoted hereinbelow: 'Sri U.N. Pandey, Despatch Clerk, UM No. 049915, Sodepur Colliery Sub:Dismissal Dear Sir, Further to charge -sheet No. SC/CKM/ Sales/Charge -sheet/98/4965 dated September 15, 1998 issued to you and your subsequent reply to the same, this is to inform you that your explanation being found not satisfactory, a written enquiry was held into the above charges levelled against you on different dates, in which you had fully participated. As per the report and findings of Enquiry Officer, the charges levelled against you have been fully proved against you. You had been provided with day -to -day proceedings of the Enquiry on each date of enquiry. However, you have again been given the total proceedings of enquiry including the findings of enquiry officer and other connected papers vide letter No. pd/C -6/98/36/2880 dated October 30 and November 2, 1998 for your perusal and submission of comments, if any, within 72 hours of the receipt of the said letter. The comment so submitted by you has not been found to be satisfactory. Your past record of service has been examined to find out as to whether there is any extenuating circumstances in your favour, but nothing has been found. The Chief General Manager, Sodepur Area, has gone through entire enquiry proceedings and findings of the enquiry officer and has concurred with the findings that on evidence on record, the charges have been fully proved against you. The charges levelled against you and proved against you being grave and serious in nature, the punishment warranted is that of dismissal from service and has ordered for your dismissal from service. Accordingly, you are hereby dismissed from the service of the company with immediate effect.'
(3.) THE writ petitioner in the instant writ petition has challenged (i) the charge -sheet dated September 15, 1998 (ii) the enquiry proceeding relating to the aforesaid charge -sheet and (iii) the punishment awarded to the petitioner vide letter dated November 10, 1998.;