R.M. Lodha JUDGMENT
R.M. Lodha, J.
1. Leave granted.
2. These two appeals by special leave are directed against the judgment passed by the Division Bench of High Court of Judicature at Calcutta on September 22, 2008 whereby the Division Bench affirmed the order of the Single Judge passed on July 26, 2007 insofar as reinstatement of the Respondent No. 1 was concerned but modified the order of the Single Judge by awarding him back wages.
3. Mukul Kumar Choudhuri, Respondent No. 1, joined his service with the Eastern Coalfields in 1992 as, System Officer. In 1996, he was transferred to North-Eastern Coalfields, Assam. On September 16, 1998, the Respondent No. 1 proceeded on sanctioned leave upto September 29, 1998. However, after expiry of his sanctioned leave, he did not report to duty and despite reminders remained absent for six months without any authorization.
4. On March 18, 1999, the Director-in-Charge, North-Eastern Coalfields initiated disciplinary enquiry against the Respondent No. 1 under Rule 29 of the Coal India Executives Conduct Discipline and Appeal Rules, 1978 (for short, 'Conduct Rules, 1978') for misconduct on his part by -(i) absenting himself without leave; (ii) Overstaying the sanctioned leave for more than four consecutive days; and (iii) Desertion of job and failure to maintain integrity and devotion to duty.
5. On May 31, 1999, the Respondent No. 1 sent letter of resignation. His resignation was, however, not accepted by the Management and, accordingly, he joined his duty on September 10, 1999.
6. In the enquiry proceedings, the Respondent No. 1 appeared before the Inquiry Officer and admitted the charges leveled against him. The Inquiry Officer concluded the enquiry and vide his report dated October 5, 1999 held that the delinquent was guilty of the charges as mentioned in the charge-sheet.
7. Upon receipt of the enquiry report, a second show cause notice dated December 10, 1999 was issued to the Respondent No. 1 indicating therein that in view of the findings recorded by the Inquiry Officer, termination of his services was proposed. The delinquent was asked to show cause as to why the punishment of termination of service be not awarded to him. A copy of the enquiry report was sent along with the second show cause notice.
8. The Respondent No. 1 responded to the second show cause notice. He submitted that he sincerely wanted to leave the Company for several personal problems but these were aggravated by unsympathetic attitude of the Management in not accepting his resignation. He submitted that he deserved no punishment and that his explanation be considered favourably.
9. By an Office Order dated November 29, 2000, the Respondent No. 1 was removed from service with immediate effect. The Respondent No. 1 pursued the departmental remedy but without any success. He also approached Calcutta High Court on more than one occasion raising grievance of non-consideration of the departmental appeal and the review application before Reviewing Authority and the departmental authorities not passing the reasoned order. It is not necessary to refer to these proceedings in details. Suffice it to say that as directed by the High Court, ........