IMPORTANT POINT
Dismissal from service without a fair hearing violates principles of natural justice; reopening previously settled charges is impermissible.

ORDER :

1. The present writ petition has been filed for quashing the order under Ref. No. PO/Topa/DA/Dismissal/2021/281 dated 28.06.2021 issued under the signature of the Project Officer, Topa Colliery, Ramgarh-respondent no. 4, whereby the petitioner has been dismissed from service. Further prayer has been made for quashing the order under Ref. PD/IR-L/Kuju/2021/1923 dated 16.09.2021 passed by the Director (Personnel), Central Coalfields Limited, Ranchi-respondent no. 2 (appellate authority), whereby the departmental appeal preferred by the petitioner has been dismissed. The petitioner has also prayed for issuance of direction upon the respondents to reinstate him in service and let him continue till attaining the actual date of superannuation i.e. 30.06.2021 as well as to pay the wages for the period from April, 2021 to June, 2021 after adjusting the leave due towards medical leave. It has also been prayed for issuance of direction upon the respondents to pay the post retiral benefits to the petitioner.

2. Learned senior counsel for the petitioner submits that the petitioner was appointed on 03.02.1982 as a piece rated employee of CCL in lieu of acquisition of his land for Topa Project and while he was working as Senior Wireless Operator/R.T. Operator, Grade-B, Topa Project at Topa Telephone Exchange, a copy of Office Order No. 879 dated 04.12.2020 issued under the signature of respondent no. 5 was served to him informing that since his date of birth recorded in the service register was 20.06.1961, he would retire from service on 30.06.2021 on attaining the age of 60 years.

3. It is further submitted that due to outbreak of Covid-19 pandemic, several family members of the petitioner died. Being in unstable mental condition on account of depression due to said death, he could not attend the duty from 22.04.2021. In the meantime, one Kameshwar Mahto and others made a complaint against the petitioner, which was forwarded to him asking explanation vide letter no. PO/Topa/PD/Complaint/ 2020-2021/875 dated 17.04.2021, whereupon he vide letter dated 23.04.2021 requested the respondent no. 5 to grant one month’s time to file reply to the said complaint, as he was undergoing medical treatment at RINPAS, Ranchi. Subsequently, the petitioner represented the Mining Manager, Topa Project vide applications dated 18.05.2021 and 29.05.2021 to grant him sick leave with effect from 22.04.2021, as he was unwell and was under treatment at RINPAS, Kanke, Ranchi. However, the petitioner was dismissed from service vide order bearing Ref. No. PO/Topa/DA/Dismissal/2021/281 dated 28.06.2021 issued by the respondent no. 4. Thereafter, the petitioner filed departmental appeal against the order of dismissal before the respondent no. 2, which was also dismissed vide Ref. No. PD/IR-L/Kuju/2021/1923 dated 16.09.2021.

4. It is further submitted that the impugned orders passed by the respondent nos.2 and 4 are in violation of the principles of natural justice, as the petitioner was not given any opportunity of hearing at any stage. Moreover, for the same set of charge, the petitioner was served chargesheet No. PO/Topa/DA/ 96/3583 dated 10.12.1996, which was dropped in view of the decision taken in a tripartite settlement arrived in the meeting held on 16.10.1998 among the Management, villagers and the State authorities whereafter the petitioner was allowed to join his duty with effect from 17.10.1998 vide letter no. 2991 dated 17.10.1998 issued by the respondent no. 4. As such another proceeding initiated against the petitioner for the same charge amounting to double jeopardy was not permissible in the eyes of law.

5. Per contra, learned counsel for the respondents submits that a complaint of Sri Kameshwar Mahto and others, the residents of Toyra village, P.O. Topa, P.S. Mandu, was received in the office of respondent no. 4 vide Ref. no. 92 dated 10.04.2021, wherein it was stated that the petitioner had obtained employment in the CCL fraudulently against the land