Jyoti Bakhala v. The Chief General Manager

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5001 of 2017 Jyoti Bakhala S/o Martin Bakhala, Aged About 53 Years Post Macnical Fitter, Worker Code 21207410, S.E.C.L., Balgi Kalari Project, Resident Of Balgi Colony, House No. D S 503, Post Office Balgi, Police Station Baki Mongra, Tahsil Katghora, District Korba, Chhattisgarh.

---- Petitioner

Versus

1. The Chief General Manager South Eastern Coal Fields Limited (S.E.C.L.) Seepat Road, Post Box No. 60, Bilaspur, District Bilapsur, Chhattisgarh.

2. Area Manager, South Eastern Coal Fields Limited (S.E.C.L.) Sub Area Manager Gevra Project Post Office Gevra, District Korba, Chhattisgarh.

3. Manager, South Eastern Coal Fields Limited (S.E.C.L.) Gevra Project, Post Office Gevra, District Korba, Chhattisgarh.

4. State Of Chhattisgarh, Through Secretary Department Of Revenue, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

5. District Collector, Korba, District Korba, Chhattisgarh. ---- Respondents For Petitioner : Shri Ashutosh Shukla, Advocate For Res. No. 1 to 3 :

Shri Vinod Deshmukh, Advocate For Res. No. 4 & 5 :

Shri Satish Gupta, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/09/2017 Heard.

1. The petitioner has filed this petition seeking a direction to respondents to pass appropriate orders on his defence.

2. Admittedly, a charge sheet has been issued to petitioner, reply has been submitted and the Enquiry Officer has given a notice to the petitioner intimating further process of departmental enquiry.

3. Learned counsel for the petitioner submits that the petitioner has a very

-2substantive defence in reply to the allegation made against him, in view of which, the departmental enquiry should not be allowed to proceed further and quashed.

4. The charge sheet having been issued and reply already been filed, there is no justification why the petitioner has not submitted his defence. The petitioner may submit his defence before the Enquiry Officer and the Enquiry Officer shall definitely take the same into consideration while preparing report and submitting the matter before the Disciplinary Authority.

5. Except this, no other order, at this stage, is required to be passed in the matter.

6. The petition is accordingly disposed off.

Sd/--/ (Manindra Mohan Shrivastava) Judge Praveen