HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.35112 OF 2023

ORDER:

Heard Sri Kallepalli Thirumala Rao, learned counsel appearing on behalf of the petitioner and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing on behalf of the respondents.

2. The petitioner approached this Court seeking the prayer as under:

“...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ quashing or set aside the Proceedings No. CRP/PER/IR/D/96/144 dated 03.02.2023 issued by the Respondents whereby I was removed from the Company's services with effect from 14.02.2023 and consequential Proceedings No. CRP/PER/IR/D/90/456 dated 20.04.2023 whereby earlier proceedings dated 03.02.2023 was modified as Reversion to lower grade by reducing two grades i.e. from Sr. Mining Sirdar, T&S Grade B to JMET T&S Grade-C issued by the respondents holding the same as discriminatory, illegal, arbitrary and contrary to law but also affects the Fundamental Rights enshrined under Articles 14 and 21 of Constitution of India and consequently to direct the respondents to restore my original grade ie., Sr. Mining Sirdar, T&S Grade-B with effect from 14.02.2023 by passing appropriate orders with all consequential benefits including interest and exemplary costs and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.”

3. The case of the petitioner, in brief, is that when the petitioner was working as Senior Mining Sirdar in Singareni Collieries Company Limited, an accident occurred and three coal cutters received serious injuries and the petitioner was removed from the service alleging that the petitioner violated the Coal Mines Regulations and Company’s Standing Orders. Despite submitting a detailed explanation and appeal, the respondent company modified the initial removal order to reversion to lower grade by reducing two grades i.e., from Senior Mining Sirdar, T & S Grade-B to JMET T & S Grade-C vide proceedings No.CRP/PER/IR/D/90/456 dated 20.04.2023. Aggrieved by the same, the petitioner filed the present writ petition.

PERUSED THE RECORD:

4. The relevant portion of the impugned proceedings of the respondent No.2 vide Memo No.CRP/ PER/ I R/ D/ 96/ 144 dated 03.02.2023 addressed to the respondent No.4 herein is extracted hereunder:

“At about 10.45am an accident had occurred at 21LS/25D/3seam to three coal cutters namely (1) Sri Ch. Ramakrishna, (2) Sri B.Rajashekar and (3) Sri E. Srinivas, in which they received serious injuries, On enquiry into the accident, it was revealed that, the three coal cutters were allowed to drill holes in the same place without ensuring/inspecting the place for misfired socket. Thus while taking up drilling, the same has got connected to misfired socket and got blasted resulting to the above accident.”

5. The relevant portion of the impugned proceedings of the respondent No.1 vide Memo No.CRP/ PER/ I R/ D/ 90/ 456 dated 20.04.2023 addressed to the respondent No.2 herein is extracted hereunder:

“However, taking into consideration of the reasons mentioned in the appeal submitted by you i.e. loss of livelihood, your assurance that you will be careful and conscientious in discharging your duties in future if re-instated and all the relevant facts and circumstances, a lenient view has been taken for this time and it is decided to modify the penalty of "Removal from Company's services" imposed on you w.e.f. 14.02.2023 by the Disciplinary Authority, vide Office Order No.CRP/PER/IR/D/96/144, Dt.03.01/02.2023 as penalty of "Reversion to lower grade by reducing two grades i.e. from Sr. Mining Sirdar, T&S Grade B to JMET T&S Grade-C" with immediate effect.”

6. The specific averments made by the petitioner at paragraph Nos.12, 13 and 14 of the affidavit filed in support of the present writ petition are extracted hereunder:

“12. I submit that as far as accidents in the mining industry