Smt. Deepa Das v. South Eastern Coal Fields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4257 of 2021 Smt. Deepa Das W/o Shri Ravikant Das, Aged About 51 Years Working As Matron, Pragati Nagar Dispensary, Dipka Area, Korba, District Korba, Chhattisgarh ---- Petitioner

Versus

1. South Eastern Coal Fields Limited Through, Its Managing Director, H.Q. - Seepat Road, P.B. No. - 60, Bilaspur, District Bilaspur, Chhattisgarh

2. The General Manager (Management), South Eastern Coal Fields Limited, Dipka Area, Personnel Department, Korba, District Korba, Chhattisgarh.

3. Shri U. P. Singh, Deputy Chief Medical Officer, Pragati Nagar Hospital, Dipka Area, Korba, District Korba, Chhattisgarh.

4. Smt. Madhu Rajput, Clerk, Pragati Nagar Hospital, Dipka Area, Korba, District Korba, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Rajesh Kumar Kesharwani, Advocate For Respondents 1 & 2 :

Mr. Vinod Kumar Deshmukh, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 16.08.2021

1. The present writ petition has been filed assailing the charge sheet and the order of suspension dated 17.07.2021 (Annexure P-1) and for a further relief of a direction to the respondent authorities to take an appropriate action on the complaint filed by the petitioner.

2. The challenge to the issuance of charge sheet primarily was on the

ground that the charge sheet was not supported with a memo showing articles of charges nor was it supported with any list of documents or list of witnesses to be examined in the course or in support of the allegations.

3. Today, when the matter is taken up for hearing Shri Vinod Deshmukh, counsel appearing for respondents 1 & 2 relying upon the order passed by this Court in WPS No. 4099/2017 and other bunch matters disposed of on 30.10.2017 in somewhat similar set of facts, submits that the Management would be submitting a detailed memo with articles of charges and also the list of witnesses and list of documents pertaining to the charges to the petitioner before proceeding with the departmental inquiry.

4. Given the said statement of Shri Vinod Deshmukh, this Court is of the opinion that the writ petition need not be further kept pending and the same can be disposed of on the undertaking given by the learned counsel for respondents 1 & 2. It is made clear that the respondents shall not proceed further with the impugned charge sheet unless the petitioner is served with a memo showing articles of charges and also the list of witnesses and list of documents in support of the charges to be relied upon by the respondent SECL.

5. As regards the second grievance of petitioner regarding the complaint that has been made to the higher authorities, it is directed that the respondent authorities particularly respondent no.2 would look into the complaint that has been made by the petitioner and take appropriate steps in accordance with law after due verification of the factual aspects. Let the respondent no.2 take an appropriate decision on the complaint of petitioner in accordance with the rules and procedures

governing the field, at the earliest preferably within a period of 45 days from the date of receipt of a copy of this order.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Khatai