GOPI RAM Vs. THE CHIEF GENERAL MANAGER, CENTRAL COALFIELDS LIMITED AND ORS.
LAWS(JHAR)-2015-10-146
HIGH COURT OF JHARKHAND
Decided on October 30,2015

GOPI RAM Appellant
VERSUS
The Chief General Manager, Central Coalfields Limited And Ors. Respondents

JUDGEMENT

- (1.) In the accompanied writ application, the petitioner has, inter-alia, prayed for quashing the order of dismissal passed by the Project Officer, S.D.O.-I, Kalyani Project dated 11/13.10.2012 and for quashing of the order dated 03.09.2013 passed by the Director (Personnel), CCL, appellate authority.
(2.) The factual matrix as delineated from the writ application in the nutshell is that the petitioner was appointed on compassionate ground on the post of P.R. Worker, BA I Quarry, SDO-I, Project of CCL vide order dated 16.09.1980 vide Annexure-I to the writ application. In pursuance to the appointment order the petitioner continued to discharge his duties without any interruption of service. On 2.11.2010 a complaint was made by Smt. Bhukhain Bai alleged that the petitioner is not her son and the petitioner has been working impersonating to be the son of Late Dukalu B.P. Vide Annexure-2 to the writ application. In pursuance to the complaint, an inquiry was conducted and an inquiry report was submitted vide Annexure-3 to the writ application. In pursuance to that on 17.05.2011 a charge sheet has been filed by Project Officer against the petitioner relating to false claim and possessing to be son of late Dukalu B.P. obtained employment in his place, vide Annexure-4 to the writ application. On 11/13.10.2012 the petitioner was dismissed from the services vide Annexure-5 to the writ application.
(3.) Being aggrieved by the order of dismissal, the petitioner filed departmental appeal against the order of Dismissal before the Director, C.C.L., Ranchi vide Annexure-6 to the writ application. During pendency of the writ application, the appellate authority vide order dated 03.09.2013 disposed of the appeal by confirming the order of dismissal dated 11/13.10.2012 passed by the disciplinary authority. Being aggrieved by the impugned order of dismissal/termination confirmed by the appellate authority during the pendency of the writ application, the petitioner left with no efficacious alternative remedy has approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.;


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