- (1.) IN this writ application the petitioner has challenged the order dated 14.9.2000 as contained in Annexure -1 A to the writ petition passed by the Chairman -cum -Managing Director Bharat Coking Coal Limited, whereby in terms of the Judgment passed in C.W.J.C. no. 239 of 1998 (R) the dismissal of the petitioner from service from the company was altered to have been discharged from his service.
(2.) THE facts of the matter in short is that as it appears from the Annexure -1 A to the writ application i.e. Judgment of this Court in C.W.J.C. no. 239 of 1998(R) this Court held that since the petitioner was acquitted in a criminal charge from the charge levelled against them, which is the basis of their discharge of service and therefore, the respondents authorities are under obligation to consider the representation of the petitioners particularly to consider the quantum of the punishment imposed on them. This Court further held that discharge of the petitioners from service particularly when they were acquitted in a criminal case would be highly excessive and unjustified and therefore, the respondents should consider the representation of the petitioner and to reduce the quantum of punishment awarded to the petitioners. It appears that pursuant to the said judgment passed in C.W.J.C. No. 239 of 1998(R) the Chairman -cum -Managing Director passed a speaking order as contained in Annexure -1 A the operative portion of the said judgment reads as under: "There is no substance in the representation of Shri Singh which is misconceived idea, apparently on that his acquittal from the prosecution case pursuant to the compromise made by him with the witnesses, he is entitled for reinstatement. However, in view of the observation made by the Hon'ble Single Judge instead of dismissal from the service of the Company in terms of office order it is clarified that Shri Singh has been discharged from his services".
(3.) IT further appears that in L.P.A. No. 29 of 2001 arises out of Judgment passed in C.W.J.C. No. 239 of 1998(R), the Division Bench of this Court by order dated 13.6.2001 dismissed the appeal as not maintainable with a liberty to challenge the order dated 14.9.2000 passed by the Chairman -cum -Managing Director B.C.C.L as passing of the order of the Chairman cum -Managing Director gave rise to new cause of action.;