High Court Of ChhattisgarhWPS/1936/2021disposed off

Anil Kumar v. South Eastern Coalfield Limited

2021-04-08Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1936 of 2021 Anil Kumar S/o Bihari Lal, aged about 43 years R/o Malgaon, P.S. Dipka, District Korba (C.G.) ---- Petitioners

Versus

1. South Easter Coalfield Limited through the Chief Gneral Manager, Gevra Project, Korba, District Korba Chhattisgarh.

2. South Eastern Coalfield Limited through Deputy General Manager (Mining) Gevra Project, Korba, District Korba, Chhattisgarh.

3. South Eastern Coalfield Limited through Senior Manager (Work) Gevra Project, Korba, District Korba, Chhattisgarh.

4. R.K. Mishra, Inquiry Officer appointed by Deputy General Manager (Mining) Gevra Project, Korba, District Korba Chhattisgarh. ---- Respondents For Petitioner :

Ms. Juhi Jaiswal, Advocate For Respondents :

Mr. Goutam Khetrapal, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 08.04.2021

1. The limited prayer that petitioner makes at this juncture is for an appropriate direction to the respondents to consider the document produced by the petitioner during the departmental inquiry and also to consider the reply which the petitioner has subsequently submitted to the show cause notice along with the inquiry report which was served upon the petitioner.

2. At the outset, this Court is of the view that the writ petition, at this

juncture, is premature as the entire departmental inquiry proceeding has been concluded and the inquiry report has been submitted by the Enquiry Officer to the Disciplinary authority. The Disciplinary Authority in turn has issued a show cause notice to the petitioner. The petitioner has also responded to the said show cause notice. Given the said development that has transpired, it is now for the disciplinary authority to take a decision on the inquiry report on the basis of disciplinary proceeding initiated against the petitioner in accordance with law and the rules and regulations governing it. It is always expected that the authority shall take note of the entire contents of evidence and documents which have been adduced before the Inquiry officer and also the contents of the inquiry report, and also the contents of the explanation provided by the delinquent to the show cause notice before passing of the final order.

3. With the aforesaid observations, the writ petition, at this juncture, stands disposed of.

Sd/- Sd/- P. Sam Koshy Judge rahul