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1994 Supreme(MP) 121

GULAB C.GUPTA, M.V.TAMASKAR
D. K. Saxena – Appellant
Versus
Coal India Limited – Respondent


ORDER

Gulab C. Gupta, J.

1. The petitioner was a Senior Personnel Officer in the Respondent No. 2 and has been removed from employment on a finding of proved misconduct by order dated 15-11-1991 (Annexure P-12). He challenges constitutional and legal validity of the said order of removal by filing this writ petition under Article 226 of the Constitution of India.

2. It is not in dispute that the respondents are Government companies of the Central Government and since they are fully financed and controlled by the said Government, they fall within the definition of 'State' under Article 12 of the Constitution of India and therefore amenable to writ jurisdiction of this Court. It is also not in doubt that the officers like the petitioner are governed by Coal India Executives Conduct, Discipline and Appeal Rules, 1978. These rules are however not statutory and yet they govern service conditions of the petitioner and others as a part of their contract of employment. Since the respondents are State within the meaning of Article 12 of the Constitution, it is also not disputed that they are bound to ensure benefits of Articles 14 and 16 of the Constitution to the petitioner.

3. It appears that














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