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2022 Supreme(Jhk) 1284

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Sita Ram Mahto, S/o. Shri Kartik Mahto – Appellant
Versus
Central Coalfields Limited – Respondent


Advocates Appeared:
For the Appellant : Mr. Saurabh Shekhar, Mr. Anurag Kumar.
For the Respondents: Mr. Amit Kumar Das, Mr. Saurav Kumar.

ORDER :

Shree Chandrashekhar, J.

The appellant, who was the writ petitioner, faced the charge of misconduct with eight other co-workers under various clauses of the Certified Standing Order of the company. By an order dated 23rd February 2006, the disciplinary authority imposed punishment of stoppage of two annual increments with cumulative effect. The disciplinary authority further debarred the appellant from posting at sensitive places for the next six years. The appellate authority dismissed the appeal preferred by him and a communication in this regard was made to him vide letter dated 19th March 2016.

2. The challenge by the appellant to the aforesaid order of punishment was not accepted by the writ Court and W.P(S) No.3131 of 2010 was dismissed on 12th December 2018 with the following observations :

    “9. Since the charges have been found to be established, petitioner has been imposed with the impugned punishment, which do not appear to be disproportionate or excessive to shock the conscience of the Court. Considered thus, no grounds are made out for interference in the matter. The writ petition is accordingly dismissed.”

3. Two-fold submissions are raised by Mr. Saurabh Shekhar, th

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