The main legal point established in the judgment is the court's scrutiny of the disciplinary proceedings, finding the charge to be a repeat attempt suffering from unexplained delay, and the failure of the management to produce relevant witnesses and documents, leading to the quashing and setting aside of the impugned order.

JUDGMENT :

[D.Bharatha Chakravarthy, J.]

[Prayer : Writ Appeal filed under Clause 15 of Letters Patent, to set aside the impugned order dated 11.01.2022 passed in W.P.No.9217 of 2009 and the consequent findings in the impugned order being contrary to law, facts and materials on record and to pass such further or other order(s) as this Court may deem fit and proper in the circumstances of the case.]

1. The Neyveli Lignite Corporation Limited and its authorities are on an appeal, aggrieved by the Judgment of the learned Single Judge, dated 11.01.2022 in W.P.No.9217 of 2009, whereby the Writ Petition filed by the respondent/employee, challenging the order of punishment of removal from service, was allowed on the following terms :-

18. Accordingly, it is ordered as follows.

i) The impugned order passed by the second respondent in Proc.No.7920/DA/CGM/M-II/2006, dated 22.01.2009 and the order passed by the first respondent in Lr.No.CM/P & A/App. Authority/2009 dated 24.04.2009 are (set) aside.

ii) Mr. P.Ganesan (Retired District Judge), No.778, 4th Cross Street, Kahithapuram, Chennai 600117, Cell No.9600045571 is hereby appointed as Enquiry Officer to conduct a detailed enquiry, afresh.

iii) The matter is remitted back to the Enquiry Officer appointed herein, to conduct detailed enquiry afresh, by giving opportunities to both the parties to produce the documents.

iv) The respondents Corporation is at liberty to object the documents produced by the petitioner, if it is not relevant to the present enquiry.

v) The learned Enquiry Officer appointed herein, shall after issuing notice to the parties and upon hearing them, file a report as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of the order.

vi) The Remuneration of the Enquiry Officer is fixed at Rs.1,00,000/- (Rupees one Lakh) and the same shall be borne by both the parties equally and shall be paid immediately after receipt of summons.

vii) the learned Enquiry Officer is directed to complete the enquiry, as early as possible, within a period of 12 weeks from the date of receipt of this order.

viii) Both the parties shall cooperate before the Enquiry Officer, without getting unnecessary adjournments.

It is needless to say that the respondents Corporation shall pass final order, as early as possible, within a period of three months from the date of receipt of the report from the Enquiry Officer and the petitioner is not entitled for reinstatement of service, till the final order passed by the respondent Corporation.”

2.The brief facts leading to the filing of the Writ Appeal is that the respondent/Writ petitioner was initially appointed on a temporary basis as Assistant Manager/Trainee-Industrial Canteen, and thereafter, was regularly appointed in the said post of Assistant Manager/Trainee - Industrial Canteen, w.e.f 01.06.1990. In the year 1993, it was found that the respondent had produced bogus educational certificates regarding his educational qualification. After initiation of disciplinary proceedings, the Appellant Authorities imposed a punishment of stoppage of the next increment with cumulative effect vide order dated 21.06.1997. Thus, after punishment become final, in the year 1999, without re-opening the said proceedings, fresh proceedings were sought to be initiated by suspending the Writ Petitioner and also issuing a Charge Memorandum for the very same delinquency. The petitioner, therefore, filed a Writ Petition in W.P.No.17877 of 1999, challenging the said orders dated 17.08.1999, 07.09.1999, and 29.09.1999 and to reinstate the petitioner into services with all monetary benefits and attendant benefits. When the Writ Petition came up for hearing on 12.12.1999, a letter of undertaking was produced by the learned Appellant /Corporation that the Management has decided to drop the proceedings and suspension will be revoked without prejudice to the criminal proceedings already initiated against him. Recording the said fact, the Writ Petiti