Surendra Nath Singh v. South Eastern Coal Field Limited And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1432 of 2015 Surendra Nath Singh S/o Late Ramsagar Singh Aged About 55 years, Occupation Ex Officer Superintendent In S.E.C.L. R/o Baikunthpur, District Koriya Chhattisgarh ---- Petitioner

Versus

1. South Eastern Coal Field Limited & Ors. S/o Through The Chairman - Cum Managing Director Seepat Road, Bilaspur Chhattisgarh

2. The General Manager S.E.C.L. Baikunthpur Area, District Koriya Chhattisgarh

3. The Deputy Chief Personnel Manager S.E.C.L. Baikunthpur Area, District Koriya Chhattisgarh

4. The Enquiry Officer S.E.C.L. Baikunthpur Area, District Koriya Chhattisgarh ---- Respondents For Petitioner :- Shri Ashok Shukla, Advocate For Respondents :- Shri Vaibhav Shukla, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 24/04/2015 Shri Vaibhav Shukla, Advocate who is a panel lawyer for the respondents and who usually appears for the respondents present in the Court is directed to take notice on behalf of respondents. 2.

Counsel for the petitioner is directed to serve two extra complete copy of writ petition to the counsel for the respondents. 3.

Grievances of the petitioner in the instant writ petition is that the petitioner was inflicted with a punishment of termination from service vide order dated 25.07.2013. The petitioner had preferred an appeal before the Chairman-cum- Managing Director i.e. the appellate authority as per clause-30, of the standing order applicable in the respondent

establishment.

4.

The appeal was filed on 29.07.2013 and though more than 1 1⁄2 years have passed it is alleged that the appellate authority has till date not decided the appeal preferred by the petitioner whereas clause-30 of the standing order stipulates a period of 45 days for deciding the appeal. 5.

At this juncture, without entering into the merit of the case, this Court is of the view, that the writ petition itself can be disposed with a direction to respondent No.1 to decide the pending appeal of the petitioner, if not decided till date as expeditiously as possible preferably within a period of 2 months from the date of certified copy of the order is produced before the appellate authority by the petitioner. 6.

Counsel for respondents is also directed to intimate the order passed by this Court to the Appellate authority. 7.

With the aforesaid observation the writ petition stands disposed of. (P. Sam Koshy) JUDGE Santosh