The judgment established the importance of adhering to the principle of natural justice in disciplinary proceedings and emphasized the need for proportionality in imposing punishments for misconduct.

ORDER :

1. The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the order dated 2-4-2022 passed by the Respondent No. 3 by which it has affirmed the order dated 15/22-3-1995 passed by disciplinary authority whereby the services of the petitioner were terminated.

2. Brief facts as reflected from the records are that the petitioner was appointed as Dumper Operator in Gevra Project, SECL, in the year 1983. He was transferred from Gevra to Sohagpur, Amlayi, Open cast mines vide order dated 20-1-1993. He joined there on 13-2-1993 and thereafter he made an appeal before the Managing Director of the company regarding his safety at Sohagpur area as he has suffered the incident at the work place on 14-1-1992. Thereafter, he was again transferred from Sohagpur to Chirmiri. The petitioner has made various representations regarding his safety at the work place. It was alleged that the petitioner did not join at Chirmiri and he remained unauthorized absent from duty from 16-3-1993. Therefore, he was served with charge sheet dated 22.09.1994 wherein charges were levelled for committing serious misconduct as provided in Clause 26.30 of the Standing Orders of the Company. The petitioner was served with following charges:-

“26.30 Absence from duty without sanctioned leave or sufficient cause or overstaying beyond sanctioned leave.”

3. Charge sheet was issued for service on following address “Arun Kumar s/o. Manshalchand, Senior Dumper Operator, -B/184, Urja Nagar, P.O. Gevra Project, District Bilaspur (MP) 4954452. The respondent appointed Senior Manager Amalayai Open Cast Mines as Enquiry Officer and Engineer (excavation) as Management representative vide its order dated 21-12-1994. The Inquiry Officer issued notice to the petitioner for his appearance in the enquiry proceedings on 30.12.1994 vide notice dated 26.12.1994 and thereafter issued notice for appearance on 06.01.1995. No notice was served upon the petitioner as the notice was returned with endorsement “not found returned to sender”. Thereafter, notice was published in daily newspaper “Samay” which was published from Shahdol wherein the address of the petitioner was mentioned as B/184 Urja Nagar, Gevra Project, Bilaspur (M.P.). By the said notice, the petitioner was directed to appear for inquiry on 20.01.1995.

4. It has been further contended by the petitioner that he was not served with the notice for appearance in the inquiry, therefore, he could not defend himself and the respondent vide order dated 15.12.1995 had removed the petitioner from services. The removal order reads as under:-

“You were charge sheeted vide charge-sheet No. SECL/SOM/AOCM/..94/645 dated 22-9-1994 issued by the Suodt(M)/Manager, Amlai, O.C.M., an Enquiry Officer was appointed vide officer order No. SECL/SOM/MGR/AOCM/94/1129 dated 21/24-1-1994 to conduct the fail and impartial enquiry into the charges levelled against you. Accordingly, the enquiry was conducted by the enquiry officer.

You have been given full opportunity/chance to present and participate in the Enquiry proceedings to defend your case as per the law of NATURAL JUSTIFE but in spite of repeated advises, you did not turn up before the enquiry proceedings. As such, the enquiry was conducted ex parte by the Enquiry Officer.

As per the findings of the enquiry officer, the charges levelled against you has been proved beyond any doubt and I fully agree with the findings of the Enquiry Officer. The Enquiry Officer has rightly held you guilty of the misconduct under Clause 26.30 of Certified standing orders, applicable to you.

As the misconduct on your part is very grave and serious in nature, you are hereby removed/terminated from the services of the Company (South Eastern Coalfields Limited), with immediate effect.

You are advised to collect all your legal dues, on any working day during the working hours, after submission of NO DUES CERTIFICATES from the concerned sections/departments of Almai OCM.”

5. The rem