JUDGMENT :

1. Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order dated 21/22.8.2008 (Annexure-7), issued by respondent No.3, whereby the petitioner who was earlier Prop Mistry, Cat IV was demoted to the post of Helper, Cat-II.

The petitioner has also assailed the appellate order dated 21.09.2010 (Annexure-8 A), passed by the respondent No.2, whereby the appeal preferred by the petitioner was dismissed.

3. The facts of the case as evident from the writ application is that the son of the petitioner, namely, Sewal Kumar @ Charku Mahto was voluntarily been adopted by one late Gyani Mahto in the year 1986 for which the said Gyani Mahto (Now deceased) and this petitioner executed a deed of adoption on 29.11.1986 which was duly registered before the District Sub-Registrar, Hazaribagh.

Further, when late Gyani Mahto became old then he voluntarily offered the name of Sewal Kumar for his employment under para 9:4:3 of National Coal Wage Agreement-III (NCWA-III) since he adopted Sewal Kumar as his legal heir. After fulfilling the criteria and verification, Sewal Kumar (adopted son of Gyani Mahto) was appointed on 13.01.1989.

Subsequently, after more than ten years; on 09.08.2000, the Vigilance Department of the respondent CCL received a complaint against Sewal Kumar. However, on enquiry, the said complainant refused to answer anything. However, a charge-sheet dated 4/5-5-2005 has been issued against this petitioner for following misconduct:-

i. That in the year 1986 while you were in service of CCL, you executed an irregular and invalid deed with one Gyani Mahto, Cat-I, Mazdoor of GM (A)’s office Sirka (now retired) for getting your son Sri Sewal Kumar alias Charku Mahto adopted by said Gyani Mahto with the sole purpose of inducting your said son into employment of the company (CCL) at some later stage under para 9.4.3. of NCWA-III in place of said Gyani Mahto. In the process, you in the capacity of 2nd party declared the age of your said son Sri Sewal Kumar alias Charku Mahto as 14 years in the so-called adoption deed executed in the year 1986 even though his age was more than 16 years on the date of execution of the deed in the year 1986. The said so-called adoption of your son Sewal Kumar alias Charku Mahto by said Gyani Mahto was not valid in the eye of law in as much as the adoptee’s age was more than 15 years on the date of so-called adoption which is contrary to the Provisions made under section 10 of the Hindu Adoption and Maintenance Act, 1956 which prescribes that the adoptee’s age on the date of adoption should not be more than 15 years of age and so the deed was void in the eye of law.

By Your aforesaid act, you abated Sri Gyani Mahto to indulge an illegal and irregular act of adopting your said son who was not eligible for adoption and also abated Gyani Mahto to indulge into a grave misconduct of nominating your son for employment in CCL in place of him even though your said son was not eligible for being adopted in terms of the said provisions of Hindu Adoption and Maintenance Act, 1956.

ii. Beside abating Gyani Mahto to indulge in an illegal and irregular act of adopting your said son, who was also not eligible for adopting (as per statutory provisions) for sole purpose of getting Your said son inducted into employment of the company. You also cheated the management of the company. You also cheated the management by causing fraudulent induction on your said son into employment of the company in lieu of Gyani Mahto who was declared medically unfit for employment by the Medical Board of the Company constituted under para 9.4.3 of NCWAIII, and thereby you have also caused financial loss to the company in the form of wages and salary, other fringe benefits etc. irregularly drawn by your said son ever since his irregular appointment in CCL.

The charges were made out under the following provisions of misconducts enumerated in the