- (1.) The petitioner has challenged the order of dismissal dated 24.12.1998 and the order passed by the appellate authority, whereby his appeal questioning the order of dismissal has been dismissed by order dated 18.03.2002.
(2.) The petitioner, who was appointed as P.P. Clerk in Bharat Coking Coal Limited, was suspended by order dated 16.02.1994 on the charge of misconduct. It appears that the petitioner was implicated in a criminal case being Katkamsandi P.S. Case No. 86 of 1994, in which he had surrendered on 16.11.1994 and was sent to judicial custody. The petitioner was granted bail on 23.11.1995 and he was released from jail custody on 08.12.1995. The departmental proceeding initiated against the petitioner however continued exparte and order of dismissal from service was passed on 30.10.1995. The petitioner moved the High Court in C.W.J.C. No. 1295 of 1997(R) challenging the order of dismissal dated 30.10.1995. The Writ Petition was disposed of by order dated 01.04.1998 quashing the order of dismissal dated 30.10.1995 with permission to the respondents to initiate the departmental proceeding afresh.
(3.) The petitioner was not permitted to join his duty and by letter dated 19.05.1998 he was again put under suspension and a departmental enquiry was initiated afresh. The petitioner was afforded opportunity to defend himself and he participated in the enquiry proceeding. However, as the petitioner was not allowed to join his duty nor he was paid back wages, he moved the High Court in C.W.J.C. No. 2733 of 1998(R). During the pendency of the writ petition order dated 24.12.1998 was passed by which the petitioner was dismissed from service. The writ petition was disposed of vide order dated 04.10.1999 with an observation that it would be open to the petitioner to challenge the order of his second dismissal. The petitioner thereafter, filed a petition being C.W.J.C. No. 536 of 2001 challenging the order of dismissal dated 24.12.1998. The writ petition was disposed of with a direction to the petitioner to move before the appellate authority. And therefore, the petitioner filed an appeal before the appellate authority which was also rejected by order dated 18.03.2002. In the aforesaid facts, the petitioner has filed the present writ petition.;