Sudhir Kumar Khare v. The Chairman Cum Managing Director

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1959 of 2019 Sudhir Kumar Khare S/o Shri Hari Mohan Khare, Aged About 52 Years, Post Area Surveyor Officer, South Eastern Coalfields Ltd. (SECL), Raigarh Area, Raigarh, Chhattisgarh, R/o Near Patel Coaching Kello Vihar, Near Collectorate, Raigarh, Chhattisgarh ---- Petitioner

Versus

1. The Chairman Cum Managing Director Disciplinary Authority, South Eastern Coalfields Ltd. Head Quarter Seepat Road, Bilaspur, Chhattisgarh

2. Director, Technical (Operation) South Eastern Coalfields Ltd., Head Quarter Seepat Road, Bilaspur, Chhattisgarh

3. General Manager, South Eastern Coalfields Ltd. Raigarh Area, Chhote Atarmuda, Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Arvind Shrivastava, Advocate.

For Respondents :

Mr. Vivek Chopda, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.03.2019e nt petition under Article 226 of the Constitution of India has been

1. The challenge in the present writ petition is to the order Annexure P-1 dated 27.12.2018 whereby the petitioner has been placed under suspension.

2. Counsel for the petitioner submits that against the order of suspension

the petitioner has made repeated representations to respondent no.1 but till date no decision has been taken. He further submits that in the representation the petitioner has specifically raised a contention that he has been wrongly placed under suspension as whatever steps that the petitioner has taken were based upon the measurement books that were produced to him from the Area Authorities which were processed and forwarded by the petitioner and as such there was no malafide on the part of the petitioner in discharging his duties. He further submits that as per instruction, till date the petitioner has also not been issued with a charge sheet.

3. Under the said circumstances, this Court is of the opinion that ends of justice would meet if respondent no.1 is directed to consider and decide the representation of the petitioner at the earliest before any further decision is taken by the respondents on the administrative side against the petitioner. Expecting an early decision by respondent no.1, preferably within a period of 60 days from the date of receipt of copy of this order, the present writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai