- (1.) THE present writ petition has been preferred for the following reliefs: -i) For issuance of an appropriate writ /Rule/Direction or a writ in the nature of Certiorari for quashing the letter dated 28.11.2003 (Annexure -19) issued under the signature of the Chief General Manager (WCD), Bharat Coking Coal Limited by which the representation filed by the petitioner has been disposed off rejecting the claim of the petitioner in most arbitrary manner, ii) For a direction to make the payment of salary for the period 8.10.1999 to 16.8.2001. The facts in brief are stated as under: -
(2.) THE petitioner was initially transferred vide order dated 19.3.1998 and was released with immediate effect. The petitioner challenged this transfer order vide C.W.J.C. No. 1360 of 1998(R) which was disposed of with a direction to file a representation before the competent authority who in turn was directed to dispose of the same in accordance with law. Accordingly the petitioner preferred a detailed representation which was turned down vide order dated 28.9.1999 on the ground that the transfer was due to exigency of work and requirement of man power. Pursuant thereto the petitioner on 8.10.1999 gave his joining but strangely he received a letter on 13.10.1999 that he had to submit the release order from the present place of posting and the identification certificate for the verification and was directed to produce the same. The petitioner vide its letter dated 21.10.1999 enclosed the copy of the release order which was already sent to the Chief General Manager (CP /WC), Koyla Bhawan and also requested to obtain the identification certificate and the attested photograph of the petitioner and further requested to allow him to make his attendance in the attendance register on 8.10.1999 i.e. the date when he gave his joining. On 21.10.1999 an office order was issued stating that since he had not produced identification certificate alongwith the photograph duly attested by the Controlling Officer, hence it was not possible to allow him to resume his duties. The petitioner again wrote letter dated 26.10.1999 to obtain the identification certificate at their own level from Kenduadih Colliery as the same was not issued to him and further informed that he was continuously attending the office everyday. Again vide an office order dated 12.11.1999 the earlier office order dated 19.3.1998 was partially modified and the petitioner was transferred from Kenduadih Colliery of P.B. Area to Madhuband Washery under WCD, Koyla Bhawan and again the petitioner was directed to carry the identification certificate and attested photographs duly signed by the Controlling Officer to produce the same at the new place of posting at the time of joining, failing which, he will not be allowed to join his duties. The petitioner requested the Controlling Officer i.e. the Chief General Manager (CP /WC), Koyla Bhawan, Dhanbad to issue him the release order, identification certificate and attested photographs.
(3.) INSPITE of the best efforts of the petitioner he was neither issued the identification certificate nor the attested photographs by his controlling authority and as such he went to give his joining in the new place of posting without those documents and he was not allowed to join his duties.;