RANCHI, India, Dec. 23 -- Jharkhand High Court issued the following order on Nov. 24:
1. Since both these writ applications involved common question of law accordingly both were heard together and being disposed of by this common order.
2. In WP(S) No. 256 of 2017, the petitioner has prayed for following reliefs:-
(i) For quashing the Charge-sheet contained in letter no. Rev/16/2541-50 dated 1.8.2016 issued by the Respondent No. 2 (Annexure-5); whereby the said Disciplinary Authority has served charges in respect of the same charges for which the petitioner was issue another charge-sheet vide Charge-sheet bearing Ref. No. GM(R)/Pers./CS/2015-1932 dated 22.12.2015 (Annexure-2) which was finally withdrawn after completing the entire departmental proceedings vide letter bearing Ref. No. GM(R)/Pers./CS/2016-415 dated 22.6.2016 (Annexure-4) and therefore the subsequent initiation departmental proceeding is illegal and bad;
(ii) For issuance of a writ in the nature of mandamus or any other appropriate writ for a direction upon the Respondents No. 2 and 3 for staying the departmental enquiry pursuant to the Charge-sheet No. Rev/16/2541-50 dated 1.8.2016 (Annexure-5) as a criminal case being Case No. RC-11(A)/2015-R dated 15.12.2015 (Annexure-1), based on the same set of facts involving complicated questions of fact and law, is pending trial;
3. In WPS number 261 of 2017, the petitioner has prayed for following reliefs.
(i) For quashing the Charge-sheet contained in letter no. CCL/Geology/Chargesheet/NEE/2016/149 dated 29.7.2016 issued by the Respondent No. 2 (Annexure-5); whereby the said Disciplinary Authority has served charges in respect of the same charges for which the petitioner was issue another charge-sheet vide Charge-sheet bearing Ref. No. GM(R)/Pers./ CS/2015-1933 dated 22.12.2015 (Annexure-2) which was finally withdrawn after completing the entire departmental proceedings vide letter bearing Ref. No. GM(R)/Pers./CS/2016-414 dated 22.6.2016 (Annexure-4) and therefore the subsequent initiation of the de-novo departmental proceeding is illegal and bad;
(ii) For issuance of a writ in the nature of mandamus or any other appropriate writ for a direction upon the Respondents No. 2 and 3 for staying the departmental enquiry pursuant to the Charge-sheet No. CCL/Geology/Disp. Action/NEE/2016/149 dated 29.7.2016 (Annexure-5) as a criminal case being Case No. RC-11(A)/2015-R dated 15.12.2015 (Annexure1), based on the same set of facts involving complicated questions of fact and law, is pending trial;
4. Briefly stated, in both these writ applications, charge-sheet was issued by the respondent-coal company, which was subsequently withdrawn, and a fresh charge-sheet for the same charges were issued to the writ petitioners. The respective petitioners have challenged the initiation of second charge-sheet on the ground that second charge-sheet is not permissible for the same set charges when the first charge-sheet was withdrawn Suo-motu and that too after full-fledged inquiry and only before issuance of final order in the disciplinary proceeding.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOMtwxXbW9211%2FLW%2BF0%2FoVxGUo%2FiMfoNEp07eDdilazLm&caseno=WPC/256/2017&cCode=1&cino=JHHC010350392017&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
