M V R Murthy v. Coal India Limited

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2183 of 2021 M V R Murthy S/o Shri Late M Rama Rao, Aged About 59 Years R/o V-72 Vasuk Vihar, SECL Colony, Seepat Road, Sarkanda District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1.

Coal India Limited Through Chairman-Cum-Managing Director, Coal Bhawan Premise No. 04, Mar Plot No. AF III, Action Area-1 A, New Town, Rajarhat, Kolkata (W.B.), District : Kolkata, West Bengal 2.

Chairman Coal India Limited, Coal Bhawan Premise No. 04, Mar Plot No. AF III, Action Area- 1A, New Town, Rajarhat, Kolkata (W.B.), District : Kolkata, West Bengal 3.

General Manager (Personnel) Coal Bhawan Premise No. 04, Mar Plot No. AF III, Action Area-1A, New Town, Rajarhat, Kolkata (W.B.), District : Kolkata, West Bengal 4.

Chairman Cum Managing Director, South Eastern Coalfields Limited Head Qtrs, Seepat Road, P.S. Sarkanda, Bilaspur., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Chandresh Shrivastava, Advocate For Respondents :

Mr. K.K. Shrivastava, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 01/04/2021 1.

The limited grievance that the petitioner has is the inaction on the part of the respondents in not issuing the promotion order from E-7 to E-8 Grade i.e. from the post of Chief Manager to the post of General Manager in the Material Management.

2.

The contention of the petitioner is that on 22.01.2019 he was served with a charge-sheet and the disciplinary proceedings finally resulted in a punishment vide order dated 17.01.2020 and the punishment order was reversion to a next lower stage in time scale for a period of one year without cumulative effect. The currency of the

-2punishment period as such would be from 17.01.2020 till 16.01.2021. Meanwhile the D.P.C. was convened on 19.08.2020. The D.P.C. found the petitioner suitable for promotion and he has also been subjected to the other examinations and training programme for becoming eligible for promotion, which too the petitioner has cleared, however it appears that because of the currency of the punishment order dated 17.01.2020, the formal order of promotion could not be issued in favour of the petitioner. 3.

Now that the currency of the punishment order dated 17.01.2020 is over. The authorities are now required to consider the case of the petitioner and to pass an appropriate suitable order in accordance with the Rules, Regulations and Guidelines pertaining to the promotion policy under the respondents.

4.

Given the said facts and also taking note of the repeated representations that the petitioner has made, the present writ petition at this juncture can be disposed of directing the respondents No.1 to 3 to take an appropriate decision on the claim of the petitioner for promotion from E-7 to E-8 Grade at the earliest preferably within a period of 60 days from the date of receipt of the copy of this order 5.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved