RAMCHANDRA SINGH JHALA, J. - (1.) The instant writ appeal has been filed by the appellant petitioner challenging the judgment dated 9.8.2002 passed by learned Single Judge in SBCWP No. 628/1992 whereby the learned Single Judge dismissed the writ petition filed by the appellant petitioner.
(2.) Briefly stated facts of the case are that according to the appellant-petitioner he was appointed as Senior Mines Foreman on 16th April, 1977, and was thereafter promoted as Assistant Mines Manager since 3.4.1981. The present controversy relates to the delinquency, for which, he was served with a charge sheet dated 10.6.1987, and a supplementary charge sheet on 12.6.1987.
(3.) The charges were that on 29.4.1987, at about 7.30 PM, while being on duty as Shift Incharge, the appellant-petitioner unauthorisedly took away a jeep of the company bearing No. RSJ 4020, outside the mines premises for personal use. It was reported that the jeep was being driven by Someshwar, returned to the mines at about 10.30 PM, but the appellant-petitioner did not return with it, while the appellant-petitioner was required to be on duty up to 10 PM. Thus, the appellant-petitioner was alleged to have willfully absented himself from duty from 7.30 PM to 10.00 PM. The second charge was that as a result of unauthorised movement of the Company's jeep aforesaid, outside the mines premises, the company suffered a financial loss to the extent of unnecessary expenditure incurred by the company on this unauthorised use of the company's vehicle, and that as a result of this act of misconduct, the said jeep met with an accident, and thus, the act also amounted to causing willful damage to the company's property. The third charge was that while unauthorisedly absenting from duty, when the appellant petitioner came to know about the accident, and that a disciplinary action was contemplated against him on this count, he went to the company's dispensary on 3.5.87, attempted to force the Compounder on duty to enter his name in the patients' register, and even to make out a false prescription for him for 29.4.1987. This effort was made with a view to cover up the unauthorised absence on 29.4.1987. On the Compounder's refusal, he was threatened by the appellant-petitioner using his capacity as a Shift Incharge, and the Compounder under threat and duress of the petitioner, made out the required false prescription, and also substituted the petitioner's name in the Register of Patients in place of Shri Sukh Lal, and recorded as such in the Register. The next charge is that on 3.5.1987 aforesaid, the appellant-petitioner not only threatened the Compounder Roshan Lal for falsification of the record as above, but the appellant-petitioner himself also substituted his name in the Register of the Patients in his own hand, and thereby committed willful falsification and defacement of the company's record. The fifth charge was that by the aforesaid conduct, the appellant-petitioner repeated his previous act of misconduct of 13.5.1985 and 2.1.1986, when he had unauthorisedly removed the company's vehicle outside the mines premises, and for which he had been awarded punishment. Thus, the appellant-petitioner was alleged to be in the habit of misusing the company's vehicle, and also being in the habit of willful insubordination and disobedience of the reasonable orders of the Superior authorities.;