- (1.) The petitioner had initially filed a writ petition praying for quashing the memorandum dated 11.3.2010 issued by respondent No. 2, whereby enquiry was proposed to be held under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965. The petitioner further prayed for quashing the charges framed against him and the departmental proceeding initiated against him. During pendency of the writ petition, the respondents concluded the departmental proceeding and awarded punishment of petitioner's removal from service by order dated 10.2.2012 (Annexure-13). The petitioner has brought the said order on record by way of amendment. The petitioner has challenged the legality and validity of the said order of punishment and has prayed for quashing the same. He has also prayed for a direction to the respondents to reinstate him with full back wages and other consequential benefits.
(2.) By impugned order dated 10.2.2012, the petitioner has been held guilty in departmental inquiry initiated under Rule 14 of CCS (CCA) Rules, 1965.
(3.) A memorandum of charge was issued to the petitioner containing six articles of charges. The charges were as follows:-- Article-I That the said Shri Arjun Prasad, Cashier/Assistant, Coal Mines Provident Fund Organization, Region-III, Dhanbad, while functioning as Assistant (Cashier) during the period 2008 to 2010 continued to operate and spearhead the illegal and unauthorized trade union, namely, Coal Mines Provident Fund Employees Congress, Dhanbad, in CMPFO, against the decision and directions of Ministry of Coal Government of India, New Delhi, in violation of Rule 3(1)(iii) and Rule 6 of CCS (Conduct) Rules, 1964. Article-II That during the aforesaid period and while functioning in the aforesaid office the said Shri Arjun Prasad, Cashier/Assistant, Coal Mines "Provident Fund Organization, Region-III, Dhanbad, attempted to bring political and outside influence to bear upon the Commissioner, CMPFO, Dhanbad, in the interest of errant and striking officials of CMPFO and thereby violated Rule 20 of the CCS (Conduct) Rules, 1964. Article-III That during the aforesaid period and while functioning in the aforesaid office the said Shri Arjun Prasad, Cashier/Assistant, Coal Mines Provident Fund Organization, Region-III, Dhanbad, gheraoed superior authorities, gave threats and intimidated them with the indulgence of outside for releasing of undue payment to seven striking officials and dropping disciplinary proceedings against them in violation of Rule 3(1)(iii) and 3-C(23)(4) of CCS (Conduct) Rules, 1964. Article-IV That during the aforesaid period and while functioning in the aforesaid office the said Shri Arjun Prasad, Cashier/Assistant, Coal Mines Provident Fund Organization, Region-III, Dhanbad, made interference in the administrative matters of CMPFO by way of making repeated representations to Secretary to Govt. of India, Ministry of Coal, New Delhi, in violation of Rule 3(1)(iii) and Rule 7(3) of CCS (Conduct) Rules, 1964. He also abused and threatened superior officers including, CMPFO and the CVO of the CMPFO in association with his followers on the 26th day of February, 2010 in the office of the Commissioner, CMPFO, which is a grave misconduct in his part. Article-V That during the aforesaid period and while functioning in the aforesaid office the said Shri Arjun Prasad, Cashier/Assistant, Coal Mines Provident Fund Organization, Region-III, Dhanbad, willfully and deliberately disobeyed the instructions of the competent authority by way of operating trade union in CMPFO which tantamount to dereliction of duties in violation of Rule 3(1), (ii) and (iii) and Rule 3-C(23)(1) of CCS (Conduct) Rules, 1964. Article-VI That Shri Arjun Prasad has been getting his duty performed as Cashier by proxy workers in Regional Office, Dhanbad-III, CMPFO, in violation of Rule 3(1)(i), (ii) and (iii) of CCS (Conduct) Rules, 1964.;