Vikash Kumar v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 4418 OF 2020 • Vikash Kumar S/o Late Shri Bishun Aged About 25 Years Working As General Majdoor Category-I, Bhatgaon Area, R/o Village Chungadi, Tahsil Bhaiyathan, District Surajpur (CG) ... Petitioner

Versus

1.

South Eastern Coalfields Limited Through Its Chairman- Cum Managing Director, Secl Headquarter, Seepat Road, Bilaspur (CG) 2.

The Senior Manager (Personnel), South Eastern Coalfields Limited, Bhatgaon Area, District- Surajpur (CG) 3.

The Sub Area Manager, Bhatgaon Sub- Area, District Surajpur (CG) ... Respondents For Petitioner :

Mr. Rahul Mishra, Advocate.

For Respondents :

Mr. Vaibhav Shukla, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board /11/2020 1.

Challenge in the present Writ Petition is to the order dated 18.2.2019 whereby the Respondents have imposed a punishment upon the Petitioner for removal of his services.

2.

Perusal of the pleadings would reflect that the Petitioner immediately thereafter had preferred an appeal to the Respondents on 7.3.2019, however, till date the departmental enquiry has not been finalized or decided or at least the Petitioner has not been informed about the outcome of the appeal. 3.

Learned Counsel for Respondents however submits that the present Writ Petition itself has been filed at a belated stage and thus the same suffers from the delay latches as it has been filed after a period of more than 11⁄2 years. However, learned Counsel for Respondents submits that he also is not aware as to whether a departmental appeal which is alleged in the present Writ Petition to have not been decided, whether it stands decided or not. 4.

Be that as it may, since there is a specific averment in the present Writ Petition of the departmental appeal having not been decided till now, the Writ Petition at this juncture is being disposed of directing the Respondents to decide the appeal preferred by the Petitioner, if it has till date not been decided, at the earliest, preferably within a period of 90 days duly considering the contentions

raised in the appeal. In case the appeal has already been decided, the Respondents are expected to communicate about the same to the Petitioner. 5.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE