Bombay High CourtWP/6697/2016dispossed offdismiss for default

Rajendraprasad Shukla S/O Sureshwar Shukla v. Chairman, Coal India Limited, Kolkatta (West Bengal) And Another

2016-11-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2911wp6697.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6697/2016 Rajendraprasad Shukla s/o Sureshwar Shukla ...Versus...

Chairman, Coal India Limited, Kolkatta (West Bengal) and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Sudame, Advocate for petitioner CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 29.11.2016 The only prayer made by the petitioner in the instant petition is for a direction against the respondent no.1 to decide the appeal filed by the petitioner under Rule 36.1 of the Coal India Executives' Conduct, Discipline and Appeal Rules. According to the petitioner, though the petitioner has filed an appeal before the respondent no.1 on 14.5.2016 and as per the provisions of the Rules, the Appellate Authority is liable to decide the appeal within three months from the date of the appeal, the respondent no.1 has not decided the appeal till date. Since the prayer made on behalf of the petitioner is innocuous and since we find on a reading of the Rules and the appeal memo, as also the order passed by the Disciplinary Authority that the petitioner has filed the appeal before the respondent no.1 as per the Schedule within one month from the

2911wp6697.16.odt date of the order of the Disciplinary Authority, we dispose of the writ petition with a direction to the respondent no.1 to decide the appeal of the petitioner as expeditiously as possible and positively within two months from the date of receipt of this order. Order accordingly. No costs.

JUDGE JUDGE Wadkar