Arvind Kumar v. The Chief Gen.Manager S.E.C.L.Andors

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP No.17 of 2001 Arvind Kumar S/o Umakant aged 27 years, working as Category I General Mazdoor, Regional Store, S.E.C.L. Bhatgaon Area, Tahsil Surajpur, District Sarguja (Chhattisgarh) ---- Petitioner

Versus

1. The Chief General Manager, Bhatgaon Area, S.E.C.L., Tahsil Surajpur District Sarguja

2. Deputy General Manager, S,E.C.L. Bhatgaon Area, At Bhatgaon Tahsil Surajpur, District Sarguja (Chhattisgarh)

3. Deputy Manager (Personnel), Bhatgaon Area, the Enquiry Officer, Bhatgaon, Tahsil Surajpur, District Sarguja

4. Collector Sarguja at Ambikapur, District Sarguja

5. Sub Divisional Magistrate Surajpur, District Sarguja (Chhattisgarh) ---- Respondents For Petitioner :

Mr.B.D.Guru and Mr.Rajendra Tripathi, Advocates For Res.No.1 to 3 :

Mr.Vinod Deshmukh and Mr.Vivek Verma, Advocates For Res.No.4 and 5 :

Mr.P.K.Bhaduri, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/06/2017

1. Learned counsel appearing for respondents No.1 to 3/SECL would submit that impugned order is appealable under the Standing Order before the Appellate Authority.

2. In view of above, learned counsel for the petitioner would submit that the petitioner may be allowed to prefer an appeal before the Appellate Authority and submit that question of limitation may come in his way of filing an appeal.

3. Since the order is appealable, the petitioner may prefer an appeal before the Appellate Authority under the Standing Order and since the writ petition remained pending before this Court from 5.2.2001 till this date, it is directed that plea of limitation shall not be raised by respondents No.1 to 3/SECL. If the petitioner prefers an appeal within 30 days from today, Respondents No.1 to 3/SECL would decide the same in accordance with law on its own merit.

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

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