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2014 Supreme(Cal) 389

TAPABRATA CHAKRABORTY
Md. Afzal Hussain – Appellant
Versus
Coal India Limited – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr. Partha Ghosh, Mr. Souvik Chatterjee.
For Respondents: Mr. R. N. Majumder, Mr. Partha Basu, Mr. Nikhil Kumar Roy.

JUDGMENT

Tapabrata Chakraborty, J.

This writ application has been preferred challenging the departmental proceeding initiated against the petitioner which culminated in an order of dismissal dated 23rd April, 2012 passed by the General Manager (E & M), ECL, HQ. Sanctoria.

The facts, in a nutshell, are that the petitioner was appointed on 5th May, 1983 as Security Guard at Poniati workshop under Eastern Coalfields Limited (hereinafter referred to as the ECL) which is a subsidiary of Coal India Limited. The petitioner was issued a charge-sheet dated 30th December, 1991, the Manager, Poniati workshop, ECL stating inter alia that on the night of 9th December, 1991, the petitioner was on patrolling duty from 9 p.m. to 5 a.m. and on that night during duty, the petitioner along with Sri R.K. Sharma, Sri Lala Nunia, Imtiaz Mian and Pritam Singh threatened Sri Hardeo Jadav and forcibly snatched the keys of the gates including that of electrical workshop and from a transformer, which was under repair, 200 Kgs. of copper coil wire were removed and stolen which were subsequently recovered by the Police from the quarter of Sri Pritam Singh on 23rd December, 1991. The petitioner duly replied to t







































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