Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner and the Central Coalfields Limited.
(2.) On 28.05.2003 during inspection by the Head Quarter Vigilance Team at Makoli Weigh Bridge under the C.C.L, variation in tare weight of 36 trucks were observed. Petitioner, a lower division clerk and 6 others, who were posted at SDQ 3 Project were charge-sheeted on 18.10.2004 (Annexure-1) for the same charge: "That on 28.05.2003 during surprise inspection of Makoli Weighbridge by HQ Vigilance Team, variations in tare weights of 36 trucks were observed which amounts gross negligence of work & constituted misconduct for fraud or dishonesty in connection with employer's business". This amounted to subversion of discipline and constitutes misconduct under clause 26.1 and 26.5 of the Certified Standing Orders, which read as under: "26.1 Theft, fraud or dishonesty in connection with the employer's business and property. 26.5 Wilful neglect of work." Learned counsel for the respondent CCL informs on instruction that each one of the 7 employees were proceeded against and the charges were found to be proved against them. Rest 6 have not assailed their punishment though petitioner alone has challenged the punishment of withholding of 2 annual increments with cumulative effect along with debarment from working / posting at sensitive post during the period of coming 6 years. The enquiry report in respect of the petitioner is at Annexure-3 dated 23.05.2005 and the order of punishment dated 23.02.2006, impugned herein is at Annexure-6 issued by the Project Officer, SDQ3 Project.
(3.) Respondents have in the first counter affidavit enclosed the minutes of the disciplinary proceedings which was attended by the petitioner as well. Petitioner has enclosed a chart at Annexre-8, which according to him shows that Trucks at Serial No. 10,16, 26 were measured by the petitioner as 100,40 and 40 respectively while the other persons measured the said truck on different dates as 320,440, 220 respectively. The other persons gave high weight measurement of the same trucks, which ought to have been considered for fixing separate accountability of negligence of individual employees, which may have occasioned loss to the CCL.;