BALKRISHNA Vs. SOUTH EASTERN COALFIELDS LTD
LAWS(CHH)-2016-3-8
HIGH COURT OF CHHATTISGARH
Decided on March 22,2016

BALKRISHNA Appellant
VERSUS
SOUTH EASTERN COALFIELDS LTD Respondents




JUDGEMENT

- (1.)Petitioner has assailed the legality and validity of the appellate order dated 06/13.07.2012 and the order dated 03.07.2008 by which he has been terminated from services after holding a regular department enquiry under the Certified Standing Orders (for short "the CSO") of the respondent South Eastern Coalfields Limited (for short "the SECL").
(2.)Facts of the case, briefly stated, are that the petitioner was appointed as General Mazdoor Category-I on 30.10.1998 as a land oustee for acquisition of his land bearing Khasra No.347/4 admeasuring 0.17 acres situated in village Junadih belonging to Smt. Dropati and Rajan Singh. In due course, the petitioner was promoted as EPGH on 01.12.2003. The police station Dipka District Korba informed the SECL on 21.11.2006 that the petitioner has fraudulently obtained the employment on the basis of forged revenue papers for the land belonging to Rajan Singh Son of Chamaru Singh Kanwar Resident of Nawapara Hardi Bazar, for which the Crime No.49 of 2000 was registered for commission of offence punishable under Sections 294, 323 and 506 of the Indian Penal Code (for short "the IPC"), Crime No.53 of 2005 for offence under Sections 294 & 506 of the IPC; Crime No.39/2002 offence under Sections 294, 323, 506, 326, 307 & 394 of the IPC and Crime No.267 of 2006 for offence under Sections 294 & 506 of the IPC have also been registered against the petitioner.
(3.)On receipt of the information, the management of SECL served notice to the petitioner for presenting owner of the land, however, the petitioner failed to present the owner/holder of the land, therefore, a charge sheet was issued to the petitioner on 25.11.2006 for constitution of enquiry on the following charges :
(i) Submitting wrong information to the SECL about his name, age, father's name and qualification, thus, violating clause 26.9 of the CSO.

(ii) Deliberately doing such acts which violates the discipline and acting contrary to the interest of the company, thereby, violating clause 26.22 of the CSO.



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