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He did not participate in the inquiry on all the dates and did not submit the reply to the second show-cause as he had not been informed in accordance with law and, in such a fact-situation, there was no obligation on his part either to participate in the inquiry or to submit a reply to the second show cause. However, in a case where major penalty is to be imposed, the matter be referred to the CMD, CIL. Therefore, the question does arise as to what is the meaning of de-novo enquiry. There can be no quarrel with the settled legal proposition that the disciplinary proceedings commence only when a chargesheet is issued to the delinquent employee. Once, in the first round of litigation, the High Court had given liberty to the disciplinary authority to proceed de-novo, a fresh chargesheet ought to have been issued to him by the disciplinary authority. Therefore, in order to find out as to whether any officer other than the CMD, CIL, could initiate the disciplinary proceedings and issue the chargesheet, we have to examine the Schedule framed under Rule 27. (a) Officers in Grade Chairman- All penalties Board of E-1 to M-3 posted in cum Directors CIL or any of the Managing Coal India Subsidiary Director, Ltd. Without waiting for the result or outcome of the appeal pending before the Board of Directors, CIL, the delinquent filed Writ Petition No. The Schedule framed under Rule 27 of the said Rules 1978 specifically provided for it. ECL & Ors., Hon'ble High Court, Calcutta has passed an order upon the appellant to start enquiry proceedings, de-novo, giving adequate opportunity to the petitioner and in the light of the order passed by the Hon'ble High Court Calcutta on 8.8.2001, it will depend on a fresh order to be passed by the Disciplinary Authority/CMD, ECL. The presumption is in favour of the bona fides of the order unless contradicted by acceptable material. Even if this Court comes to the conclusion that the High Court was justified in setting aside the order of punishment and a fresh enquiry is to be held now, the delinquent can simply be reinstated and put under suspension and would be entitled to subsistence allowance as per the Service Rules applicable in his case.

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The proceedings could have been initiated only by the CMD, CIL, thus, entire proceedings stood vitiated. During the pendency of the appeal before the Board of Directors, CIL, writ petition could not have been entertained by the High Court, particularly, when such a fact had been disclosed by the delinquent in his writ petition. In view thereof, the question of initiating a fresh enquiry without giving a fresh chargesheet could not arise. Therefore, it cannot be held in strict legal sense that the proceedings had been properly revived even from the stage subsequent to the issuance of the charge sheet. Thus, the above referred to order could not be sufficient to initiate any disciplinary proceedings. It is a settled legal proposition that if initial action is not in consonance with law, subsequent proceedings would not sanctify the same.

This appeal has been preferred against the judgment and order dated 22.7.2008 passed in M. On 29.6.1991, when the delinquent was posted at Central Hospital, Asansol, established under the control of Eastern Coalfields Limited (hereinafter called as ECL), he abused and made an attempt to physically assault his senior officer Dr. After the conclusion of the proceedings, the inquiry officer submitted the report holding that the charge stood proved against him. Power to grant back wages is to be exercised by the court/tribunal keeping in view the facts in their entirety as no straitjacket formula can be evolved, nor a rule of universal application can be laid for such cases. All other entitlements would be determined by the disciplinary authority as explained hereinabove after the conclusion of the enquiry.

22658(W) of 2005, by which the learned single Judge had quashed the punishment order of dismissal from service as well as the disciplinary proceeding against respondent no.1 (hereinafter called the delinquent), giving liberty to the present appellants to initiate the proceedings afresh, if the disciplinary authority so desired. Facts and circumstances giving rise to this case are that the delinquent has been employed as a Medical Officer (E-2 grade) in Coal India Limited (hereinafter called as `CIL'). Disciplinary proceedings were initiated against the delinquent by issuing a chargesheet dated 26.7.1991. However, for the purpose of holding the fresh inquiry, the delinquent is to be reinstated and may be put under suspension. is determined by the disciplinary authority in accordance with law after the fresh inquiry is concluded. The issue of entitlement of back wages has been considered by this Court time and again and consistently held that even after punishment imposed upon the employee is quashed by the court or tribunal, the payment of back wages still remains discretionary. In case the appellants choose to hold a fresh inquiry, they are bound to reinstate the delinquent and, in case, he is put under suspension, he shall be entitled for subsistence allowance till the conclusion of the enquiry.

Union of India & Ors., AIR 1975 SC 1116; and Ex-Capt.

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