Rajkumar v. Chief Managing Director South Eastern Coal Field Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4998 of 2015 • Rajkumar S/o Rameshwar, Aged About 24 Years Mazdoor Category 01 Mazdoor, Nawapara Khadan R/o Village Narkaalo Post Office Pratappur Tahsil Bhaiyathan District Surajpur ( Chhattisgarh ) ---- Petitioner

Versus

1. Chief Managing Director South Eastern Coal Field Ltd. Seepat Road Bilaspur ( Chhattisgarh )

2. Chief General Manager South Eastern Coal Field Ltd Bhatgawa Area Tahsil Bhaiyathan Revenue District Surajpur Civil District Surajpur ( Chhattisgarh )

3. Sub Area Manager ( Prabandhak ) Sub Area Kalyani Bhatgawa Tahsil Bhaiyathan Revenue District Surajpur Civil District Surajpur ( Chhattisgarh )

4. Sahayak Prabandhak Karmic Nawa Para Khadan Bhatgawa Area Tahsil Bhaiyathan Revenue District Surajpur Civil District Surajpur ( Chhattisgarh ) ---- Respondents For Petitioner :

Shri J.S. Bariak, Advocate.

For Respondents :

Shri Vinod Deshmukh, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/01/2016 Heard.

(1) Learned counsel appearing for the Respondents would submit that impugned order of removal of the petitioner from services is appealable before the appellate authority as per paragraph 30 of the Certified Standing Orders of the South Eastern Coalfields Limited. (2) In view of the above, learned counsel appearing for the Petitioner submits that he may be permitted to withdraw this writ

petition with liberty to file appeal before the appellate authority under the Standings Orders of the SECL.

(3) Liberty is granted, as prayed for.

(4) Accordingly, the writ petition is dismissed as withdrawn with the liberty as aforesaid. However, in the eventuality of filing any appeal by the petitioner before the appellate authority within a period of 30 days from today, the appellate authority would do well to decide the same in accordance with law expeditiously preferably within a period of three months from the receipt thereof.

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