Bombay High CourtWP/2593/2016dispossed offdismiss for default

Ganesh S/O Late Radhakantji Sharma v. Coal India Limited, Kolkata Through Its Its Chairman-Cum-Managing Director, Kolkata And Another

2016-05-04Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

WP2593-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2593/2016 (GANESH RADHAKANTJI SHARMA VERSUS COAL INDIA LIMITED & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms A.P. Gupta, counsel for the petitioner.

CORAM : SMT.VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : MAY 4 , 2016.

By this writ petition, the petitioner challenges the order of the respondent-Western Coalfields Limited, dated 10.09.2015 imposing the punishment of reduction to one lower time scale for one year.

When a query was made to the petitioner whether a departmental appeal would lie against the order of punishment, the learned counsel for the petitioner answered in the affirmative and stated that as per the provisions of Rule 36.1 of the Conduct, Discipline and Appeal Rules, 1978, the petitioner has filed an appeal challenging the order dated 10.09.2015. It is submitted that though the appeal is required to be decided within a period of three months, the same is not decided till date. It is stated that the appeal was filed on 05.10.2015 and a direction could be issued to the Appellate Authority to decide the appeal of the petitioner at the earliest.

Since the prayer made by the learned counsel for the petitioner appears to be innocuous, without issuing notice to the respondents, we dispose of the writ petition with a direction to the respondent no.1 to decide the appeal filed by petitioner as early as possible and positively within a period of two months from the date of receipt of this order.

WP2593-16 Order accordingly. No costs.

JUDGE JUDGE APTE