Sharda Nand Lal S/O Mahabir Lal Das v. Union Of India Through Secretary, Ministry Of Coal, Govt. Of India New Delhi And 2 Others
1 18.04.wp.4294.14.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4294/2014 ( Sharda Nand Lal s/o Mahabir Lal Das vs. Union of India :Through Its Secretary and 2 others ) .......................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. M.M.Sudame, Adv. for petitioner Mr. Rohit Deo, ASGI for Respondent No.1- UOI Mr. S.C.Mehadia, Adv.for Respondent nos.2 and 3 CORAM : SMT. VASANTI A. NAIK & A.M. BADAR, JJ.
DATED : 18th April, 2015.
Heard.
By this petition, the petitioner challenges the charge-sheet dated 30.1.2012, issued by the Under Secretary to the Government of India, Ministry of Coal, New Delhi.
It appears, on hearing the learned counsel for the parties, that the Writ Petition is not maintainable. The petitioner had challenged the charge-sheet dated 30.1.2012 in Writ Petition No.2855/2012 and this Court had declined to interfere in the matter at the stage of issuance of charge sheet, as the enquiry was underway. The petitioner was permitted by the order dated 26th June,
2 18.04.wp.4294.14. 2012 to raise all the permissible pleas, in the event the final order of enquiry is adverse to him. The Writ Petition was disposed of with the aforesaid observation, keeping all the contentions raised in the petition open. the petitioner has again challenged the charge sheet dated 30.1.2012 by the instant petition. The petitioner cannot be permitted to challenge the charge-sheet by a second Writ Petition when this Court had disposed of the previous Writ Petition bearing Writ Petition No.2855/2012 after holding that it was not appropriate to set aside the charge-sheet dated 30.1.2012.
At this stage, Shri S.C. Mehadia, the learned counsel for the respondent-WCL, states on instructions, that the respondent-WCL would complete the enquiry against the petitioner within a period of six months. We accept the statement made on behalf of the respondent-WCL and dispose of the Writ Petition, with no order as to costs.
JUDGE JUDGE sahare