- (1.) Heard counsel for the parties.
(2.) The petitioner in this writ application, has prayed for the following relief (s). i. For quashing the order dated 1.11.2002 (Annexure-7) passed by the Disciplinary Authority (Respondent No. 4) whereby, the petitioner was dismissed from service. ii. For quashing the entire departmental proceeding initiated against the petitioner. iii. For quashing the Appellate Order dated 13.05.2003 (Annexure-9) passed by the Appellate Authority (Respondent No. 3) whereby, by making a partial modification of the punishment of dismissal, the Appellate Authority has though recalled the order of dismissal, but reduced the punishment by way of reduction in lower rank of Sub-Inspector. iv. For quashing the Revisional Order dated 26.8.2003 (Annexure-13) passed by the Revisional Authority whereby, petitioner's prayer for regularization of service has been rejected.
(3.) Facts of the petitioner's case in brief, are as follows: The petitioner was appointed on the post of Sub Inspector in the year 1987 and he was deputed at Karo Check Post of Kargali Unit of CCL. While he was on duty at the check post, he found that as many as 16 coal laden trucks belonging to the suspended coal lifting companies, had arrived at the check post for exit. The petitioner along with other co-security personnel who were posted at the check post, restrained the vehicles from going out of the gate. Later, the trucks were released and allowed to go out of the gate. On 15.5.2002, the petitioner was served with a Memorandum of Charge and he was called upon to submit his explanation to the charge. There were altogether three charges. The first charge was that while he was posted at the Karo check post, despite receipt of intimation about the suspension of the Coal Companies, he had allowed the coal laden trucks of the six suspended coal companies to leave the premises of the CCL without obtaining prior permission from the Sales Department of the CCL. The second charge was that he had prevailed upon the Sales Officer of the CCL to issue a letter/order for release of the vehicles. The third charge was that he had failed in containing theft of coal from the CCL coal inclined area and thereby demonstrated negligence in performance of duty.;