South Eastern Coalfields Limited v. Arjun

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1061 of 2019

1. South Eastern Coalfields Limited Through Its Chairman-Cum Managing Director, Seepat Road, SECL, Bilaspur, District Bilaspur Chhattisgarh

2. General Manager South Eastern Coalfields Limited, Bhatgaon Area, District Surguja Chhattisgarh

3. The Mines Superintendent South Eastern Coalfields Limited, Mahamaya Mines, Bhatgaon, Area, District Surguja Chhattisgarh ---- Applicant

Versus

1. Arjun S/o. Shri Ramkewal Aged About 40 Years R/o. Village Choura, Tahsil Raipur, District Balrampur Chhattisgarh ---Non Applicant For Applicant : Shri H.B. Agarwal Sr. Adv with Shri Pankaj Agrawal, Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27/11/2019

1. The present MCC has been filed by the applicants/respondents seeking extension of time for compliance of order dated 08.05.2019 passed by this Court in WPS No. 3468 of 2019 more than six months back.

2. Vide the said order dated 8.5.2019, this Court had directed the applicants/respondents simply to take a decision on the representation that the non-applicant/petitioner has filed, within a period of four months from the date of receipt of copy of this order, in the light of the Judgment of acquittal that was passed in his favour. The non-applicant/petitioner was terminated only on account of he being implicated in a criminal case.

3. Six months time is a very long time for any authority with today's infrastructure and paraphernalia that too for an establishment which is Mini Ratna Company to take a decision on a representation. The manner in which the applicants are functioning, particularly in respect of orders passed by this Court, is not so satisfactory. Now after more than six

-2months time, the applicants have now filed present MCC seeking extension of time for compliance of the order and the Applicants/Respondents further seek for four months time to take a decision.

4. This Court fails to understand as to why so much of time is being taken by the applicants only to decide a representation filed by the non-applicant/ petitioner, in accordance with the law. The applicant-establishment has its own legal department at the Headquarter level as well as at Area Level. In addition, it has also a personnel department which too deals with similar nature of works. Yet, the applicant-establishment is not able to take a decision promptly or at least within a reasonable period of time. It is high time when the applicant no.1 should take appropriate steps taking stock of the management of its various departments, particularly when directions are issued from the High Court.

5. Reluctantly though, this Court is granting forty five days more time to the applicants to comply with the order passed by this Court on 8.5.2019 in WPS No. 3468/2019.

6. Let a copy of this order be sent to applicant No.1 directly through the Registry of this Court. In addition, the counsel for the applicants are also directed to apprise the applicant no.1 to take all necessary remedial steps and measures to ensure that the departments under him should function more efficiently.

7. Accordingly, the present MCC stands allowed. Sd/- (P. Sam Koshy) Judge Jyotijha