Abhishek Kumar Singh Vs the Coal Mines Provident Fund Organization through Its Commissioner — Jharkhand HC (2024) — LawSathi Research

Abhishek Kumar Singh Vs the Coal Mines Provident Fund Organization through Its Commissioner — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the inquiry report dated 14.09.2018 (Annexure-5) in the departmental proceeding held under CCS (CCA rules 1965); respondents left at liberty to conduct a departmental proceeding under (CCA rules 1965) after taking due permission from the Central Government; pending I.A., if any, disposed of.

Issue for consideration

Whether the inquiry report dated 14.09.2018 (Annexure 5) and the entire departmental proceeding initiated under CCS Rule as well as CMPFO Rules without permission from the Central Government are illegal and arbitrary and should be quashed, given that the petitioner, an employee of C.M.P.F.O, is governed by C.M.P.F.O Regulation 1964 and not by CCS (CCA rules 1965).

Court's answer

Admittedly, the petitioner is an employee of C.M.P.F.O and employees of C.M.P.F.O are guided by the provisions of C.M.P.F.O Regulation 1964, not by CCS (CCA rules 1965).

Ratio / Principle

The proceeding under CCS (CCA rules 1965) cannot be initiated against the petitioner without due permission of the Central Government.

Key takeaways

Accordingly, the inquiry report dated 14.09.2018 (Annexure-5) in the departmental proceeding held under CCS (CCA rules 1965) is hereby quashed.ratio¶¶19
The respondents are at liberty to proceed with the departmental proceeding under (CCA rules 1965), if they wish, after taking due permission from the Central Government.ratio¶¶20
Per the Court, the issue had already been laid to rest in L.P.A. No. 221/2020, where the same departmental proceeding initiated without prior sanction of the Central Government was quashed with a direction to initiate a fresh proceeding after obtaining Central Government permission as per CCS regularization rule; this Court follows that course.

Detailed headnote1 paragraphs

W.P. (S) No. 1615 of 2020, High Court of Jharkhand at Ranchi (Hon'ble Mr. Justice Ambuj Nath, sole Judge) — ALLOWED. The inquiry report dated 14.09.2018 (Annexure-5) and the departmental proceeding held under CCS (CCA rules 1965) against the petitioner, an employee of C.M.P.F.O, were quashed: employees of C.M.P.F.O are guided by the provisions of C.M.P.F.O Regulation 1964 and not by CCS (CCA rules 1965), and a proceeding under CCS (CCA rules 1965) cannot be initiated without due permission of the Central Government — the course already settled in L.P.A. No. 221/2020, where a similarly initiated proceeding without prior sanction was quashed with a direction to proceed afresh after obtaining permission as per CCS regularization rule. The respondents remain at liberty to conduct a fresh departmental proceeding under (CCA rules 1965) after taking due permission from the Central Government. Pending I.A., if any, disposed of.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1615 of 2020

Abhishek Kumar Singh, S/o Raghwendra Singh, R/o South of Brahampura Middle School, Sanjay Cinema Road, Brahampura, P.O. M.I.T, P.S.Brahmpura, DistrictMuzaffarpur, Bihar … … Petitioner(s)

Versus -

The Coal Mines Provident Fund Organization, through its Commissioner having its office at Dhanbad, Opposite Police Line, P.O.& P.S.- Jagjiwan Nagar, District- Dhanbad

The Commissioner, Coal Mines Provident Fund Organization, Opposite Police Line, P.O.& P.S.- Jagjiwan Nagar, DistrictDhanbad.

The Enquiry Officer / Regional Commissioner-I, Coal Mines Provident Fund Organization, CMPF Regional Office, P.O. & P.S.- Jaripatka, District- Nagpur (Maharashtra).

The Institute of Banking Personnel Selection (IBPS), IBPS House 90 feet, D.P. Road near Thakur Polytechnic, Off. Western Express Highway, P.B. No. 8587, Kandivili (East), Mumbai, Maharashtra.

Educational Consultant India (EdCIL), EdCIL House, Sector 16-A, P.O.&P.S.- Noida, District-Gautambuddha Nagar, Uttar Pradesh ... … Respondent(s)

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

For the Petitioner : M/s. Aprajita Bhardwaj, Advocate For the Resp-CMPFO: M/s. Prashant Kr. Singh, Advocate

14/08.08.2024 Heard the parties.

The petitioner has filed this writ petition for quashing of the inquiry report dated 14.09.2018 (Annexure 5) and the entire departmental proceeding as illegal and arbitrary as the departmental proceeding was initiated in accordance with CCS Rule as well as CMPFO Rules, whereas the CCS rule was not applicable in the departmental proceeding initiated against him as no permission was

taken from the central government before initiating the departmental proceeding under CCS Rule.

The issue has already been laid to rest in L.P.A. No. 221/2020 where in a similar matter, where the same departmental proceeding was initiated without prior sanction of the central government, was quashed with a direction to the respondents to initiate fresh departmental proceeding against the delinquents after taking permission from the central government as per CCS regularization rule.

Admittedly, the petitioner is employee of C.M.P.F.O and the employee of C.M.P.F.O. are guided by the provisions of C.M.P.F.O Regulation 1964 and not by CCS (CCA rules 1965) under which the departmental proceeding was also initiated against him in which the proceeding was also initiated against him.

The proceeding under CCS (CCA rules 1965) cannot be initiated against the petitioner without due permission of the central government. Accordingly, the inquiry report dated 14.09.2018 (Annexure-5) in the departmental proceeding held under CCS (CCA rules 1965) is hereby quashed.

The respondents are at liberty to proceed in accordance with the regulations of (CCA rules 1965), if they also want to proceed with the departmental proceeding under (CCA rules 1965), after taking due permission from the Central Government.

This writ petition is allowed.

Pending I.A., if any, also stands disposed of.

(Ambuj Nath, J.)

Saurabh

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