Exhaustion of appeal remedy before seeking judicial intervention in disciplinary matters.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order in Memo No.S & FS/Disc./A-VIII/449- 08(04)/2013, dated 08.12.2014 issued by the 3rd respondent, quash the same and consequently direct the respondents to grant the petitioner promotion to the post of Chief Wireless Operator Special Grade with SG-II scale w.e.f.01.06.2010 and promotion to SG-III scale w.e.f.01.06.2013, with arrears and all consequential benefits.)

1. The writ on hand has been instituted challenging the proceedings dated 08.12.2014 issued by the 3rd respondent and consequently direct the respondents to grant the petitioner promotion to the post of Chief Wireless Operator Special Grade with SG-II scale w.e.f. 01.06.2010 and promotion to SG-III scale w.e.f. 01.06.2013, with arrears and all consequential benefits.

2. The relief sought for in the present writ petition is similar to the relief sought for by the writ petitioner in writ petition in W.P.No.1664 of 2016 [T.Sivaguru Vs. Neyveli Lignite Corporation Limited], which was decided by this Court on 22.03.2021.

3. The said order is extracted hereunder;

“The relief sought for in this writ petition is to issue a writ of certiorarified mandamus calling for the records relating to the order of the third respondent in Memo No.M-II/ HR/ DA CELL/ 552/1298/2013 dated 28.11.2014 and quash the same and consequently direct the respondents to grant the petitioner promotion to Chief Wireless Operator Selection Grade with SG-II Scale with effect from 01.07.1998 and promotion to Selection Grade III Scale with effect from 28.11.2014 and subsequent promotions with all consequential attendant and monetary benefits.

2. According to the petitioner, while he was working as Chief WCC Operator Special Grade, he was subjected to disciplinary proceedings for the alleged misconduct of producing fake certificates, which ended in punishment of demotion to the Lower Category as Technician Grade III/ C in W3 Grade in the scale of pay of Rs.10300-3%-28390 (W3) on the petitioner and his basic pay in the demoted post was fixed at Rs.19,270/- vide proceedings dated 28.11.2014 by the 3rd respondent. Challenging the said proceedings, the petitioner has come forward with the present writ petition for the aforesaid relief.

3. Upon notice, the respondents filed a detailed counter affidavit, inter alia stating that the respondents selected and appointed the persons including the petitioner based on the certificates produced by them, which later on verification, came to know that the petitioner has produced fake certificates and he did not possess the required qualification for holding the post of wireless cum communication operator and hence, disciplinary proceedings was initiated against him; and since the petitioner was found guilty of the charges, which are grave in nature, he was imposed with the punishment of demotion by the order impugned herein. Thus, according to the respondents, no interference is required at the hands of this Court.

4. Heard both sides and perused the materials placed before this Court.

5. It is seen at paragraph 12 of the proceedings impugned herein that an appeal remedy is available to the petitioner before the Appellate Authority, Deputy General Manager / Finance / Mine -II. Without exhausting the said remedy, the petitioner has rushed to this Court with the present writ petition to quash the said proceedings issued by the third respondent. Therefore, this Court deems it appropriate to direct the petitioner to first avail the appeal remedy.

6. Accordingly, the petitioner is directed to file an appeal before the Appellate Authority, within a period of two weeks from the date of receipt of a copy of this order. On such filing, the Appellate Authority shall entertain the same, without raising any ground as regards the limitation aspect and consider the same and pass appropriate orders on merits and in a