BHARAT COKING COAL LTD. AND ORS. versus BABULAL AND ANR. ETC.

Termination under Rule 12.4(1)(c) is invalid as the rule was struck down; disciplinary action requires an inquiry with reasonable opportunity provided to respondents; pending inquiry, respondents are deemed under suspension and entitled to subsistence allowance.

Parties: Appellant: Bharat Coking Coal Ltd.; Respondent: Babulal; Respondent: Maheshwari Sharma
Jurisdiction: India
Judgment Date: 05 August 1996
Procedural Posture: Civil Appeal / Appeal From Calcutta High Court Judgment Dated 21.11.95 in F.m.a.t. No. 1548 of 1990
Outcome: Appeals disposed of.
Legal Topics: Termination of Service, Disciplinary Inquiry, Subsistence Allowance, Dereliction of Duty

Service Law Termination of Service Disciplinary Inquiry Subsistence Allowance Dereliction of Duty

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Parties

Bharat Coking Coal Ltd.

Appellant

Babulal

Respondent

Maheshwari Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From Calcutta High Court Judgment Dated 21.11.95 in F.m.a.t. No. 1548 of 1990

Legal Issues

1 Whether termination of service under Rule 12.4(1)(c) of the Common Coal Cadre, 1974 was valid after it was struck down as violative of Article 14
2 Whether disciplinary action against respondents required an inquiry with reasonable opportunity

Ratio Decidendi

Court Disposition

Appeals disposed of.

Orders

Appellant to hold an enquiry against respondents giving reasonable opportunity in accordance with law.
Respondents deemed under suspension pending enquiry and entitled to subsistence allowance.