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2019 DIGILAW 1224 (JHR)

Laxmi Kumar, S/o-Late Bharat Dusadh v. Bharat Coking Coal Ltd. (BCCL), through its Chairman-cum-Managing Director, Kolkata, 10 Netaji Subhash Chandra Bose Road, Kolkata

2019-07-01

SANJAY KUMAR DWIVEDI

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JUDGMENT : Sanjay Kumar Dwivedi, J. 1. It appears from the order dated 09.10.2015, the petitioner’s lawyer Mr. Rajeev Kumar stated before the Court that he has already returned file and have given no objection certificate to the petitioner and accordingly this Court directed that the name of the lawyer and his associates to be deleted from the cause list and the matter was directed to be posted after Durga Puja Holidays’. 2. It appears that no fresh vakalatnama has been filed on behalf of the petitioner. 3. Heard Mr. Amitabh Prasad, learned counsel appears for the respondent-BCCL. 4. The present writ petition has been field on behalf of the petitioner for quashing the order of dismissal dated 25/26-09/08 whereby the petitioner was dismissed from the service by the respondent no. 2. The petitioner was suspended vide order dated 11.07.2007 for absent from duty with effect from 01.08.2004. The petitioner was show caused to file his reply and he filed his reply on 22.09.2008 of the 2nd show cause. It is stated in the reply that medical certificate has been filed by the petitioner clarifying the circumstances as to why he was absent. 5. Learned counsel for the respondents submitted that during inquiry his medical certificate has also been taken into consideration by the inquiry officer and submitted inquiry report and considering that inquiry report the disciplinary authority has passed the dismissal order 6. In view of the above facts, it appears that the medical certificate was taken into account by the inquiry officer and thereafter he submitted inquiry report and pursuant to the inquiry report the disciplinary authority has passed the dismissal order. 7. Accordingly, the writ petition stands dismissed.