Jharkhand High Court
Chandan Kumar vs The Coal Mines Provident Fund ... on 4 February, 2025
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4701 of 2023
1. Chandan Kumar, son of Nand Kishor Paswan, Katras Road Mathuriya, P.O
and P.S. Katras Road, District- Dhanbad.
2. Nitish Kumar, son of Anil Kumar, resident of Qtr. No. BB/27, CMPF Colony,
Jagjivan Nagar, P.O and PS and District- Dhanbad.
3. Mukesh Kumar Paswan, C/o- Indrasen Paswan, Shivansh Enclave, Flat
No. 301, Vidyapati Nagar, Near Big Bazar, Kalarusma, P.O and PS and
District- Dhanbad.
4. Nagmani Kumar Paswwan, son of later Mishri Lal Paswan, resident of
Mohalla- Bauri, Nagina Bazar, P.O and P.S - Bhoura, District- Dhanbad.
5. Dhiraj Kumar, son of Shaliendra Parasad, Near High School, Village and
P.O- and P.S. Khodaganj, Islampur, Nalanda, Bihar.
6. Amit Ranjan, son of late Kapil Deo Singh, resident of Qtr. No. III/01, CMPF
Colony, Jagjivan Nagar, P.O and PS and District- Dhanbad.
7. Ritesh Kumar, son of Nargsingh Paswan, resident of CMPF Colony, Usha
Gram, Asansol, P.O and P.S. Asansol, District- Burdwan (West Bengal).
8. Munendra Kumar, son of Awadhesh Ram, resident of Qtr. No. II/68, CMPF
Colony, Jagjivan Nagar, P.O and PS and District- Dhanbad.
9. Abhishek Kumar, son of Jata Shankar Vastsyayn, resident of CMPF
Colony, Usha Gram, Asansol, P.O and P.S Asansol, District- Burdwan (West
Bengal).
10.Saket Kumar, son of Bhaskar Prasad, resident of Qrt. No. BB/38, CMNPF
Colony, Jagjivan Nagar, P.O and PS and District- Dhanbad.
11. Rakesh Kumar, son of Sitaram Prasad, resident of Kushwaha Colony,
Ramchandarpur, P.O and P.S Nalanda, District- Nalanda, Bihar.
12. Sunil Kumar, son of Ramjeet Prasad, resident of Qtr. No. II/53, CMPF
Colony, Jagjivan Nagar, P.O and PS and District- Dhanbad,
... Petitioner(s)
Versus
1. The Coal Mines Provident Fund Organisation having its office at Jag Jivan
Nagar, Hirapur, P.O and P.S. Hirapur, District- Dhanbad, through its
Commissioner.
2. The Commissioner, Coal Mines Provident Fund Organisation, having its
office at Jag Jivan Nagar, Hirapur, P.O and P.S. Hirapur, District- Dhanbad
3. The Chief Vigilance Officer, Coal Mines Provident Fund, having its office at
Jag Jivan Nagar, Hirapur, P.O and P.S. Hirapur, District- Dhanbad.
.... Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the petitioner(s): Mr. Mahesh Tewari, Advocate. For the CMPFO: Mr. Prashant Kr.Singh and Karvir, Advocates.
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04/04.02.2025: The petitioners, in this writ petition, have prayed for the following reliefs:-
(i) For direction upon the respondents to send this Hon'ble Court all records appertaining to the issuance of Memorandum issued vide the following references to the petitioners respectively:-
1. Memo No. CPF/120/Rect.Complt/CK/Hq/Vig/1071 dated 8.8.2023.
2. Memo No. CPF/120/Rect.Complt/A.R/Hq/Vig/1070 dated 8.8.2023
3. Memo No. CPF/120/Rect.Complt/Sa.K./Hq/Vig/1079 dated 8.8.2023
4. Memo No. CPF/120/Rect.Complt/D.K./Hq/Vig/1072 dated 8.8.2023
5. Memo No. CPF/120/Rect.Complt/M.K/Hq/Vig/1076 dated 8.8.2023.
6. Memo No. CPF/120/Rect.Complt/S.K/Hq/Vig/1080 dated 8.8.2023.
7. Memo No. CPF/120/Rect.Complt/Ritesh Kr./Hq/Vig/1078 dated 8.8.2023.
8. Memo No. CPF/120/Rect.Complt/R.K/Hq/Vig/1077 dated 8.8.2023.
9. Memo No. CPF/120/Rect.Complt/M.K./Hq/Vig/1074 dated 8.8.2023,
10. Memo No. CPF/120/Rect.Complt/NKP/Hq/Vig/1075 dated 8.8.2023.
11. Memo No. CPF/120/Rect.Complt/MKP/Hq/Vig/1073 dated 8.8.2023.
12. Memo No. CPF/120/Rect.Complt/AK/Hq/Vig/1069 dated 8.8.2023 dated 8th June, 2023 wherein the petitioners have been directed to submit report within 10 days of the receipt of this memorandum, the written statement of their defence along with Article-I contained in Annexure-I, Annexure-II, Annexure-III and Annexure-IV wherein at Annexure-I of Article-I statement of article of charges framed as against them have been sent to them, Annexure-II, statement of impersonation of misconduct or misdemeanour in support of article of charges, Annexure-III list of documents to support the article of charges and Annexure-IV list of witnesses and thereafter a departmental enquiry is to be initiated as against them for these charges as envisaged in Article-I along with Annexures-I, II, III and IV.
(ii) A humble prayer is being made for quashing/setting aside of the aforesaid memorandum dated 8th August, 2023 to be completely illegal, arbitrary, unjustified without authority and jurisdiction in view of the fact that all petitioners are SSA (Social Security Assistant) working in the Coal Mines Provident Fund Organisation after being selected in online written examination and skill typing test examination held for appointment to the post of LDC in CMPFO.
(iii) Further, a prayer is being made for a direction upon the respondent to immediately and forthwith withdraw the said memorandum dated 8.8.2023 is being without authority and jurisdiction and colourable exercise of power in view of the fact that this Hon'ble Court in a series of orders/judgments have categorically held that the CCS Rules shall not be applicable in the case of employee working in the CMPFO.
(iv) Further a prayer is being made to stay the Memorandum dated 8.8.2023 to the extent that the respondents may be restrained from proceeding further in holding a departmental enquiry as against the petitioners in pursuant to the memorandum dated 8.8.2023.
2. On the basis of the counter affidavit, learned counsel for the respondents submits that they have already withdrawn all the memos.
3. In reply, learned counsel, Mr. Mahesh Tewari submits that after withdrawing all the memos, the petitioner has again been charge-sheeted, for which, a separate application has been filed before this Court.
4. Be that as it may, since the instant memo, which is the subject matter of this writ petition, has been withdrawn, this writ petition is dismissed as infructuous.
5. So far as subsequent memo or charge-sheet, which has been filed, is concerned, that would be dealt with at appropriate stage without being prejudiced to the order passed by this Court in this writ petition.
6. Pending interlocutory application, if any, also stands disposed of.
Anu/-Cp2. (ANANDA SEN, J. )