9911796707
TMI Blog2003 (9) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... officer and such proceedings would be held de novo. Aggrieved against this order the present appeal has been filed by the Management. 2. Brief facts which are necessary for disposal of this appeal are that the petitioner at the relevant time was a Chief Mining Engineer/Project Manager in Kooridih Colliery belonging to Bharat Coking Coal Ltd. He was charge-sheeted on September 15, 1992 for failure to maintain devotion to duty and for acting in a manner prejudicial to the interest and image of the company. That he was negligent in the performance of duty. On the basis of this charge-sheet an enquiry was initiated against the petitioner. But strangely enough no witness was examined by the department excepting the presenting officer and tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at no witness was examined nor any document had been proved. It was also submitted that the list of witnesses and list of documents were not annexed to the charge sheet, therefore the petitioner could not file proper written statement. It was contended that the list of documents and list of witnesses along with the charge-sheet were not given nor any opportunity was given to him to inspect the documents, therefore the whole enquiry was conducted in serious violation of the principles of natural justice. In that connection the Learned Judge relied on the decisions of this Court in the case of Sri Swapan Ray v. Indian Airlines Ltd. and Ors. reported in 1996-I-LLJ-1211 (Cal) and Indian A irlines Ltd. v. Amamath Holder reported in 75 F. L. R. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liable to be served with a charge-sheet should be supplied with statement of allegation, list of documents and list of witnesses to be examined and thereafter the delinquent should be called upon to file written statement admitting or denying the charges, but in the present case no list of witnesses or list of documents was appended to the charge-sheet. The learned single Judge also observed that in the present case it was admitted by the management that the list of documents and list of witnesses were not supplied to the petitioner at the commencement or during the enquiry by the enquiry officer despite that large number of documents had been produced by the presenting officer during the enquiry without disclosing the contents thereof pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh. 5. Meanwhile we have been informed that the petitioner had already superannuated and part of his post retirement benefit had also been released to him. This impugned Judgment was delivered by the learned single Judge way back in 1998 but before that the petitioner had already been superannuated. We asked the learned Counsel for the appellant specifically that why the enquiry had not been initiated afresh as directed by the learned single Judge as no stay order was granted by the Division Bench in this case. He was unable to answer this question and he tried to contend that the management had a right to continue with the enquiry. We do not dispute the right of the management to continue with the disciplinary proceedings, which had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch would substantiate the allegation against the petitioner. Secondly, the delinquent officer was supposed to have been served with the list of witnesses as well as the documents along with the charge-sheet so as to give a correct picture that what was the allegation against him and how it was sought to be substantiated by oral as well as documentary evidence so as to facilitate him to file his written statement. This was not done. Normally, if anyone has to be charged then he/she has to be given a fair trial. In the present case it is unfortunate that the delinquent has been dismissed from service without giving him a fair, proper and reasonable opportunity to defend himself. 7. Therefore, in this view of the matter the view taken by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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