Sanjay Sanju Malik v. South Eastern Coalfield Limited

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5317 of 2020 Sanjay Sanju Malik S/o Vishnu Malik Aged About 47 Years R/o Ward No. 12, Aamanala, Chirmiri, Haldibadi, District Koriya Chhattisgarh ---- Petitioner

Versus

1. South Eastern Coalfield Limited Through Its Chief Managing Director, Office At Seepat Road, Bilaspur District Bilaspur Chhattisgarh

2. Chief Vigilance Officer Secl, Seepat Road, Bilaspur District Bilaspur Chhattisgarh

3. Chief General Manager Secl, Chirmiri Area, West Chirmiri, District Koriya Chhattisgarh

4. Pratipal Samundre S/o C. B. Samundre (Mis-Personated Himself As Sanjay @ Sanju Malik), Working As Sweeper In SECL, Regional Hospital Kurasiya, Presently R/o Dubuchhola, Police Station Khadgaon, District Koriya Chhattisgarh ---- Respondents For Petitioner :

Mr. Punit Ruparel, Advocate For SECL :

Mr. Vinod Deskmukh, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 19/01/2021

1. The grievance of the petitioner in the present writ petition is that the petitioner was entitled for compassionate appointment on the death of his mother namely Kamla Bai who died in harness. Subsequent to the death of mother of the petitioner the respondent No.4 whose name is in fact is Pratipal Samundre S/o C. B. Samundre has made false representation before respondent no.1 to 3 and has obtained employment impersonating

himself as Sanjay @ Sanju Malik. According to the petitioner he has also filed police complaint before the Police Station Chirimiri wherein offence punishable under Section 452, 383, 468, 471 & 420 of the IPC has been registered in Crime No. 02/2019. He has filed present writ petition for appropriate direction to the respondent no.1 to 3 to look into the aforesaid complaint and to take appropriate remedial steps including that of granting compassionate appointment to the petitioner after removing the respondent no.4.

2. Learned counsel appearing for the respondents No.1 to 3 on advance copy submits that nature of dispute and relief sought for by the petitioner is one which would require to be examined and enquired upon by the respondents. According to the respondents, since there is already an FIR lodged the department also shall take appropriate remedial measures in accordance with law.

3. Given the said submissions by the learned counsel for respondent No.1 to 3 the writ petition at this juncture stands disposed of directing the respondent No.1 & 3 to take appropriate steps so far as complaint which the petitioner has made particularly in respect of the identity of the respondent no.4 is concerned and necessary remedial steps thereafter be taken at the earliest.

4. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit