TAPEN SEN, J. - (1.) BOTH the aforementioned two Letters Patent Appeals are taken up together, but for convenience, we will deal with L.P.A. No. 541 of 1999(R) first. This letters patent appeal is directed against the judgment dated 1.11.1999 passed in C.W.J.C. No. 2228 of 1998(R) by a learned Single Judge of this Court, by which the writ petition filed by the respondent Shri Tribeni Prasad was allowed.
(2.) IN the writ petition, the respondent herein had prayed for a direction upon the respondents for quashing the communication of "Inadequate" ratings for the periods 1994 -95, 1995 -96 and 1996 - 1997 which were communicated by confidential letter Nos. 2724 dated 08.08.1997, 2708 dated 29.07.1997 and 3114 dated 17.10.1997 as contained in Annexure 1, 1/a and 1/b therein. By reason of Annexure 1, the respondent was informed that his overall grading for the period April 1994 October 1994 and 27.10.1994 to 31.03.1995 was "Inadequate". Similary, by Annexure 1/a, the respondent was informed that his overall grading for the period 1995 -96 was "Inadequate". By reason of the third impugned communication, the respondent was again informed that his overall grading for the period 1996 -97 was also "Inadequate". According to the respondent Tribeni Prasad, the A.C.Rs. were written without following the guidelines and accordingly he further prayed that necessary directions be issued upon the appellants to review the ratings in the A.C.Rs. strict in accordance with the Rules provided in the C. R. Rules and the guidelines of the C.I.L. Executive Evaluation Reports. The respondent further prayed for subsistence allowance to the respondent with effect from 07.11.1997, i.e., the date of deemed suspension at the rate of 50% of his salary and at the rate of 75% from 07.05.1998, i.e., the date on which he completed six months under suspension in terms of the Conduct, Discipline and Appeal Rules 1978. He also prayed for revocation of the order of suspension with immediate effect.
(3.) THE case of the respondent as built up in the writ petition was that being in the Personnel Department of Coal India Limited, he earned the wrath of the appellants in the matter relating to genuine redressal of grievances of its workmen. He made a grievance that earlier also he had been superseded by his juniors and his genuine medical reimbursement to the tune of Rs. 6,000.00 or more was withheld and he was frequently transferred from one area to another. Being aggrieved by these actions he had filed C.W.J.C. No. 2748 of 1994(R) which is the subject matter of L.P.A. No. 459 of 2001.;