Shabbir Ahmed v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.936 of 2018 Shabbir Ahmed S/o Late Mobin Aged About 57 Years Presently Working As S D L Operator, Barunga Hill, Chirimiri Underground Sub Area S E C L , R/o Qr. No. 286, Ward No. 26 , Korea Line , Bartunga Colliery, Chirimiri, Police Station Chirimiri, Tahsil Khadgavan District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner

Versus

1. South Eastern Coalfields Limited Limited, Through Managing Director South Eastern Coalfields Ltd , Seepat Road Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

2. General Manager Office Of The General Manager, South Eastern Coalfields Limited Chirimiri Area Police Station Chirimiri, Tahsil Khadgavan District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

3. Chief Manager ( Mining ) South Eastern Coalfields Limited, Chirimiri Underground Sub Area, Office Of The Chief Manager ( Mining ) Chirimiri Police Station Chirimiri Tahsil Khadgavan District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

4. The Deputy Regional Manager, Office Of The Deputy Regional Manager , South Eastern Coalfields Limited Chirimiri Underground Sub Area Chirimiri Area, Tahsil Khadgavan District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

5. Manager ( Personnel Department ) South Eastern Coalfields Limited, Office Of The General Manager Chirimiri, Police Station Chirimiri Tahsil Khadgavan District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Respondents For Petitioner : Mr. S.A. Ansari, Advocate For Respondents : Mr. V.R. Tiwari, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/01/2018 (1) Learned counsel appearing for the petitioner would submit that

the petitioner has made a request to the respondent-SECL for permitting to cross-examine the management's witnesses by his coemployee, which has not been considered and decided by the respondent-SECL and enquiry proceeding has been closed, which is unsustainable and bad in law.

(2) Be that as it may, respondent authorities are directed to look into the same and give proper opportunity of hearing to the petitioner and principle of natural justice be complied with before further proceeding the enquiry within a period of 15 days from the date of receipt of certified copy of this order. However, the petitioner is at liberty to make additional representation, if any before the respondent authorities in support of his case.

(3) With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-