AMARESHWAR SAHAY, J. - (1.) THE petitioner has prayed for quashing the order as contained in Annexure -18 dated 3.10.1996 passed by the Chairman -cum -Managing Director (Actg.), Central Coal Field Ltd. whereby the petitioner was imposed punishment of stoppage of one increment for one year with cumulative effect from 24.8.1995 and also the order as contained in Annexure -23 dated 3/4.3.1998 passed by the Chairman -cum -Managing Director and Appellate Authority, Coal India Ltd., whereby the Appellate Authority, having found no merit in the appeal filed by the petitioner and thereby affirmed the order passed by the Disciplinary Authority. 2. The petitioner who was posted as Deputy Sales Manager/Areas Sales Officer, Argada Area, during the relevant time was served with a memo dated 21/25.5.1994 under the signature of the Chairman -cum -Managing Director of Central Coalfields Limited whereby he was served with four Articles of Charge containing a statement of imputations of misconduct in support of which enquiry was proposed to be held and the petitioner was asked to submit written statement of his defence.
(2.) THE following charges were levelled against the petitioner : - - (i) While he was posted as Deputy Sales Manager and functioning as Area Sales Officer. Argada Area, he failed to maintain devotion to duty and acted in a manner highly prejudicial in the interest of C.C.L. and knowing fully well about the terms and conditions of offer and acceptance between the management of C.C.L. and M/s. Continental Transport and Construction Corporation, in connivance with Sri. K.M. Singh, Addl. Chief Mining Engineer/ Project Officer, The Acting General Manager Argada Area entertained the receipt of representation of M/s. Continental Transport and Construction Corporation for change of grade and place of coal allotted to him and thereby he violated the Rules 4.1(ii) and (iii) 5.5. of Conduct, Discipline and Appeal Rules, 1978 of Coal India Limited. (ii) While functioning as Area Sales Officer, Argada Area, he failed to maintain devotion to duty and acted in a manner highly prejudicial in the interest of C.C.L. by receiving of letter No. GM(A)/ASO(A)/LSS -II/94/119 dated 8.4.1994 of General Manager (A), Argada Area addressed to General Manager (S&M), CCL Ranchi, did not bring the factual position to the knowledge/notice of Higher Authority i.e. General Manager (S&M) C.C.L. Ranchi who was functional authority of his discipline and he did not seek his advise and order in this matter. Thus he violated Rule 4.1(iii) of Conduct, Discipline and Appeal Rule, 1978 of Coal India Limited. (iii) While functioning as Area Sales Officer he failed to maintain devotion to duty and acted in a manner highly prejudicial in the interest of C.C.L. in connivance with M/s, Continental Transport and Construction Corporation managed to delay receipt of Letter No. GM(A)/ASO(A)/LSS -II/94/119 dated 8.4.1994 by General Manager (S&M), C.C.L. Ranchi which was received in the office of General Manager (S&M), C.C.L. on 22.4.1994 only and thereby he allowed sufficient time to M/s. Continental Transport and Construction Corporation for managing order from the Coal Controller as well as from the High Court, Calcutta and prevented the CCL Management for taking further timely action in this matter and thus violated the Rules 22 and 23 of Conduct, Discipline and Appeal Rules, 1978 of Coal India Limited. (iv) While functioning as Area Sales Officer, he failed to maintain devotion to duty and acted in a manner highly prejudicial to the interest of C.C.L., with ulterior motives and vested interest and in connivance with M/s. Continental Transport and Construction Corporation disclosed the official secret with regard to stock position of Argada Area by providing the copy of Letter No. CM(A)/ASO(A)/LSS -II/94/119 dated 8.4.1994 to said M/s. Continental Transport and Construction Corporation who took advantage and compelled the C.C.L. Management through Coal Controller and the Court to agree with their demand which was not in accordance with the LSS -II Scheme. Thus he violated Rules 22 and 23 of Conduct, Discipline and Appeal Rules 1978 of Coal India Limited. The petitioner submitted his written statements of defence denying the charges levelled against him. Thereafter, enquiry was proceeded against the petitioner and the Enquiry Authority submitted his report with the following findings : - - (A) Sri V.N. Singh entertained receipt of the representation from M/s. CTCC and arranged their forwarding by the Acting G.M.(A) -charge party proved. (B) After receipt of the forwarding letters signed by the Acting G.M.(A), Sri V.N. Singh did not bring the factual position to the knowledge/notice the factual position to the knowledge/notice of the General Manager (Sales & Marketing). Ranchi and the G.M. Argada although he knew the fullest details of the accepted terms and conditions - charged proved. (C) Sri V.N. Singh connived with the party, M/s. CTCC and he managed to delay the delivery of the forwarding letters to the G.M.(S&M). Ranchi. The letter of 8.4.1994 was delivered at Ranchi on 22.4.1994 -charge proved. (D) Mr. V.N. Singh gave his own copy of the forwarding letters (P -3 and P -4) to the party, M/s CTCC on the basis of which the party obtained orders from the Coal Controller and the Hon ble High Court at Calcutta -charged proved.
(3.) THE petitioner was served with a copy of the enquiry report and was asked to show cause to which the petitioner submitted his show cause challenging the enquiry report. Thereafter the Disciplinary Authority by the impugned order dated 3.10.1996 as contained in Annexure -18, after considering the enquiry report and the representation/show cause of the petitioner, imposed punishment of stoppage of one increment for one year with cumulative effect w.e.f. 24.9.1995. Thereafter, the petitioner preferred an appeal before the Chairman -cum -Managing Director of Coal India Limited, which was rejected by the order dated 3/4.3.1998 as contained in Annexure -23 finding no merit in the appeal. As aforesaid two orders passed by the Discipline Authority as well as the Appellate Authority as contained in Annexures -18 and 23 respectively are under challenge in the present writ application.;