Heard learned counsel for the parties.

2. The petitioners in both the writ petitions have been removed from service pursuant to a departmental proceeding initiated under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 for certain alleged misconduct. The impugned orders of removal in both the writ petitions are dated 31st March, 2011.

3. In both the writ applications, the common questions of law have been raised by the learned counsel for the petitioners and therefore the writ petitions are being taken up and decided together.

4. Since the writ petitions can be decided on the sole question of law raised by the writ petitioners, the relevant factual details only are being noticed hereunder.

5. The petitioner in first writ petition (W.P.(S) No. 1999 of 2011) was an Assistant in the office of Regional Commissioner, Coal Mines Provident Fund Organization (CMPFO), DII, Dhanbad. He was proceeded against under Rule 14 of CCS (CCA) Rules, 1965 under a memorandum of charge dated 1st July, 2008, inter alia, alleging that certain payments of house advance were processed by the petitioner in an improper manner. The disciplinary inquiry proceeded and culminated in the order of termination passed by the Commissioner, CMPF, Organization on 31st March, 2011 (Annexure12) to the first writ application.

6. The petitioner in the second writ petition (W.P.(S) No. 2072 of 2011) was the Dealing Assistant and was also proceeded against for the same charges as in the case of the petitioner in the first writ petition. The departmental proceeding continued and ended in the order of dismissal passed on 31st March, 2011 as contained at Annexure12 by the disciplinary authority cum Commissioner, CMPF, Organization.

7. Learned counsel for the petitioners has assailed the impugned orders on the ground that the provisions of CCS (CCA) Rules, 1965 are in applicable to the petitioners being employees of C.M.P.F Organization. It is further contended on their behalf that their service conditions are governed by the CMPF (Staff and Conditions of Service) Regulations, 1964, which provides for conduct of disciplinary proceeding against an employee for charges of misconduct. Learned counsel for the petitioner submits that the question that the provisions of CCS (CCA) Rules, 1965 are in applicable to the employees of Coal Mines Provident Fund Organization like the petitioners are no longer res integra.

8. The very same issues were raised before this Court by similarly placed persons in W.P.(S) No. 1558 of 2011 as also in W.P.(S) No. 7254 of 2011. The petitioners in the said case were also functioning as Upper Division Clerk/Dealing Assistant, C.M.P.F, Organization, Regional Office, DI, Dhanbad and Cashier/Assistant under the same Organization, Region III, Dhanbad respectively, who were also proceeded against for departmental inquiry under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965. It is submitted on behalf of the petitioners that the learned Single Judge of this Court by judgment rendered in two respective cases on 1st February, 2013 and 16th April, 2013 has comprehensively considered and decided the matter by holding that employees like the petitioners are guided by the provisions of CMPF (Staff and Conditions of Service) Regulation, 1964 so far as regulation of the conduct and discipline of the said employees are concerned. In such circumstances, the order of penalty passed by the Commissioner, CMPF Organization against the said persons were quashed and the writ petitions were allowed. Therefore, it is submitted that the instant proceedings also suffer from the inherent lacuna of having been initiated under a Rule which is not applicable to the petitioners under CMPF Organization and no penalty in the manner contemplated under the said Rules can be imposed upon them. The impugned orders are therefore liable to be quashed and the writ petitions deserve to be allowed.

9. Learned counsel for the