Somaru v. South Eastern Coalfields Limited

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2815 of 2016 Somaru S/o Late Shri Seolal, Aged About 47 Years R/o Minus Quarter No. 97, S. E. C. L. Manikpur Colliery, District Korba (Chhattisgarh) ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through C. M. D. Seepat Road, Bilaspur, Chhattisgarh.

2. General Manager, South Eastern Coalfields Limited, Manikpur Colliery, Korba Area, Distt. Korba Chhattisgarh

3. Sub Area Manager, South Eastern Coalfields Limited, Manikpur Colliery, Distt. Korba Chhattisgarh.

---- Respondent For Petitioner :

Mr. Pushkar Sinha, Advocate For Respondents-SECL :

Mr. K.K. Shrivastava, Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/08/2016 Heard.

The petitioner has challenged initiation of enquiry against him on certain allegations of having procured employment by production of false certificate.

2.

The case of the petitioner is that he has not indulged in any criminal activity and the basis on which, departmental enquiry has been initiated is based on erroneous facts.

3.

On the other hand, learned counsel for the respondents submits

-2that the petitioner has been given a charge-sheet and the enquiry is still pending where the petitioner has all the opportunities of raising defence available to him.

4.

It is not a case where without giving any opportunity of hearing to the petitioner, the action is taken against the petitioner. Admittedly, a charge-sheet has already been issued to the petitioner where the petitioner has been allowed to file his reply. This Court is informed that evidence has also been recorded in the matter. 5.

Therefore, in these circumstances, there is no reason why this Court should entertain this petition at this stage. The petition is therefore disposed off with liberty to the petitioner to raise all the grounds which are available to him under the law including the ground raised in this petition. Sd/- (Manindra Mohan Shrivastava) Judge Rekha