2003 (9) TMI 764 - HC - Indian Laws

Summary

Issues:
1. Validity of the order of punishment imposed upon the petitioner by the disciplinary authority.
2. Competency of the Chairman-cum-Managing Director of Bharat Coking Coal Limited to issue charge-sheet and conduct the enquiry.
3. Violation of principles of natural justice in the conduct of the departmental enquiry.

Analysis:
1. The petitioner, a Chief Mining Engineer/Project Manager, was charge-sheeted for failure to maintain devotion to duty. The enquiry conducted against the petitioner was found to be deficient, with no witnesses examined except the presenting officer. The writ petition filed by the petitioner was allowed by the Ranchi Bench of Patna High Court, leading to the removal of the petitioner from service. The High Court found serious violations of natural justice principles in the enquiry process, leading to the setting aside of the order of punishment imposed on the petitioner.

2. The issue of competency regarding the Chairman-cum-Managing Director of Bharat Coking Coal Limited to issue charge-sheet and appoint the presenting officer or enquiry officer was raised. While the respondent argued that the subsidiary company's Chairman was competent to issue the charge-sheet, the High Court referred to a previous judgment establishing that the major penalty could only be imposed by the Chairman of Coal India Limited. However, the High Court did not delve into this matter, as the focus was on the violations of natural justice in the enquiry process.

3. The High Court emphasized the importance of following principles of natural justice in conducting departmental enquiries. It was noted that the presenting officer acted as a witness in the enquiry, which was deemed abnormal. The failure to provide the delinquent officer with a list of witnesses and documents along with the charge-sheet was highlighted as a serious violation. The High Court concluded that the entire conduct of the enquiry was illegal and in breach of natural justice principles, leading to the decision to set aside the disciplinary committee's order and direct a fresh proceeding.

In conclusion, the High Court dismissed the appeal, upholding the learned single Judge's decision, as the conduct of the enquiry was deemed to be in serious violation of natural justice principles, thereby justifying the decision to set aside the disciplinary orders.