2025:JHHC:30875 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.4807 of 2024 ----- Rashik Bihari Lal, S/o Late Lalit Kumar Lal, R/o Arpit Enclave, Indira Nagar, Kanke Road, Police Station- Gonda, P.O- Ranchi University, District- Ranchi .... Petitioner(s). Versus 1.The Coal India Limited through its Chairman-Cum-Managing Director, Coal India Ltd., Coal Bhawan, Premise No.04, MAR, Plot No.AF-III, Action Area-1A, New Town, Rajarhat, P.O. and P.S. Rajarhat, District- Kolkata 2.Chairman-cum-Managing Director, Coal India Limited, Coal India Ltd, Coal Bhawan, Premise No.04, MAR, Plot No.AF-III, Action Area-1A, New Town, Rajarhat, P.O. and P.S. Rajarhat, District Kolkata 3.Central Coal Fields Limited through its Chairman-Cum Managing Director, Darbhanga House, PO- University, P.S. Kotwali, P.O. Kanke, District- Ranchi 4.Chairman-Cum-Managing Director, Central Coal Fields Limited (A subsidiary of Coal India Limited), Darbhanga House, P.O. Kanke, P.S. Gonda, District- Ranchi 5. Director (Personnel), Central Coal Fields Limited, Darbhanga House, P.O. Kanke, P.S. Kotwali, District- Ranchi 6.Head of Department (PERS-EE) Central Coal Fields Limited, Darbhanga Huse, P.O. Kanke, P.S. Kotwali, District- Ranchi … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Raunak Sahay, Advocate For the Respondent(s) : Mr. Anoop Kumar Mehta, Advocate Mr. Amit Kumar Sinha, Advocate …...... 08/ 07.10.2025: Heard, learned counsel for the petitioner and learned counsel for the respondents. 2. In this writ petition, petitioner has challenged the order dated 17.08.2012, passed by the Chairman-cum-Managing Director and Disciplinary Authority, Coal India Limited, whereby the petitioner has been removed from service. 3. Petitioner was the Deputy Manager (Sales) and was posted as Sales Officer in Central Coalfields Limited. On the allegation of demanding illegal gratification and accepting the same, he was arrested by the Central Bureau of Investigation. A criminal case was instituted being RC Case No.19(A)/1992(R). The petitioner was tried and thereafter was held guilty. He was convicted and sentenced to undergo R.I. for two years and fine of Rs.2,000/- under Section 7 of the Prevention of Corruption Act, 1988 and further sentenced to undergo R.I. for two and half years and also fine of Rs.2000/- under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. 4. The employer thereafter issued a show-cause to the petitioner in terms of Rule 34.1 of the CDA Rules. As the petitioner was admittedly a convict, the impugned order was passed removing him from service. 5. The petitioner aggrieved by the order of conviction filed an appeal before this Hon’ble High Court which was numbered as Criminal Appeal (SJ) No.79 of 2012. The appeal was heard and ultimately vide judgment dated 10.04.2024, the Hon’ble High Court allowed the same by acquitting the petitioner. 6. Since, the removal of the petitioner from service was solely based on his conviction and no regular departmental proceeding was initiated, now after acquittal of the petitioner in the criminal case, the impugned order of punishment i.e. removal needs to be revisited. The same has to be done from the end of the employer i.e. the Disciplinary Authority. 7. Considering the aforesaid facts, I remand the matter to the Disciplinary Authority by setting aside the impugned order dated 17.08.2012 to take a fresh decision considering the acquittal of the petitioner in the criminal case. The decision should be taken within a period of 16 weeks from the date of receipt a copy of this order, which should be placed before the Disciplinary Authority by the petitioner along with a copy of this writ petition. 8. With the aforesaid observations, the instant writ petition stands disposed of. (ANANDA SEN, J.) 07th October, 2025 R.S./