HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION No. 8756 OF 2009 Thursday, the Eighth day of July, Two Thousand and Ten Between Smt. M.Vijayalaxmi and others Petitioners AND The Coal Mines Provident Fund Organisation, Rep. By its Commissioner, Dhanbad, Jharkhand and another. Respondents THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION NO. 8756 OF 2009 ORAL ORDER: The proceedings dated 28.3.2009 passed by the first respondent herein whereby the petitioners were reduced in rank for not joining the post in which they are transferred and for participating in the strike is assailed in this writ petition being contrary to Rule 15 of CCS (CCA) Rules, 1965 by the petitioners. The petitioners are employed in the Coal Mines Provident Fund Organisation, Regional Office, Kothapet, Hyderabad, in different posts. Opposing the move of the Management to close the Hyderabad Regional Office and to open an office at Godavarikhani in the year 2004-2005, they participated in the strike continuously from 17.7.2007. After conducting enquiry, the petitioners have been reduced in rank by the proceedings impugned in this writ petition. It is contended by the learned counsel for the petitioners that the orders imposing penalty passed by the respondent not only suffer for violation of principles of natural justice but also Rule 15 (2) of the CCS (CCA) Rules, inasmuch as the Disciplinary Authority has neither supplied the report of the Inquiring Authority nor issued final show cause notice calling for their explanation. Whereas, it is contended by the learned Standing Counsel for the respondents that since the petitioners have admittedly participated in the strike and did not join the post in which they are transferred, a detailed enquiry had been conducted and since they were found guilty, punishment was rightly imposed reducing their rank and, as such, the impugned orders do not call for any interference. The chequered events are not in dispute. As can be seen from the record, the respondents do not seem to have followed Rule 15(2) of the CCS (CCA) Rules, 1964, which reads: 15. Action on the inquiry report: (1)………. (2) The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, held by the Disciplinary Authority or where the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiry Authority on any article of charge to the Government Servant who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, irrespective of whether the report is favourable or not to the Government Servant. (2-A) The Disciplinary Authority shall consider the representation, if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in sub-rules (3) and (4) (3)……….. (4)……….. As stated above, there is nothing on record that the petitioners were issued show cause notice calling for their explanation, in terms of Rule 15(2) of the CCS (CCA) Rules. Hence, for the violation of Rule 15(2), the impugned orders are liable to be set aside and are accordingly set aside. It is, however, left open to the respondents to proceed further in the matter following Rule 15(2) of the CCS (CCA) Rules, calling for the explanation of the petitioners within a period of four weeks from today and pass appropriate orders within a further period of four weeks thereafter. With these directions, the writ petition is allowed to the extent indicated above. No order as to costs. ________________________ Justice T. Meena Kumari July 8, 2010 MAS