Bingumala Venkata Ramanaiah v. Coal India Limited & ANR

18.02.2021 Sl. No. 25 & 26 Court No.13 B.M.

RVW 76 of 2021 + IA No.: CAN/1/2021 + IA No.: CAN/2/2021 Coal India Ltd. & Anr.

Vs.

Bingumalla Venkata Ramanaiah + WPA 3932 of 2019 + IA No.: CAN/1/2021 Bingumalla Venkata Ramanaiah Vs.

Coal India Ltd. & Anr.

(Via Video Conference) Mr. Ajay Debnath Mr. Sujit Saha Mr. Devranjan Das Mrs. Swagata Datta ... for the respondent (in RVW 76 of 2021) ... for the petitioners (in WPA 3932 of 2019) Mr. Arunava Ghosh Mr. Prodyot Das Mr. Varun Kedia Mr. S. Mukherjee ... for the applicant (in RVW 76 of 2021) ... for the respondents (in WPA 3932 of 2019) Review of order dated 18th February, 2021 is sought by the employer Coal India Limited. By the said order this Court directed the Board of Directors of CIL to consider an application of the writ petitioner for review, against the

order of dismissal from service, confirmed by the appellate authority.

Counsel for the Coal India Limited, Mr. Arunava Ghosh submits that due to inadvertence, it could not be informed to the court on 18th February, 2021 that the Chairman & Managing Director had already disposed of the petitioner's review application on 15th January, 2021. It was communicated to the petitioner on 9th February, 2021 but actually received by the petitioner on 4th March, 2021.

This court has held that in the background of the facts and circumstances of the case, the Board of Directors should consider the review. Hence it is ordered. The review application of the petitioner against the order of appellate authority shall be considered by the Board of Directors afresh. The Board shall consider the representation of the petitioner dated 25th February, 2021.

The Chairman & Managing Director shall not participate in such proceeding for review.

The final order that will be passed in review may be communicated by the Secretary of the Board to the petitioner.

Needless to mention, the order dated 15th January, 2021 shall kept in abeyance permanently.

RVW 76 of 2021 is therefore allowed and disposed of.

IA No.: CAN/1/2021 and IA No.: CAN/2/2021 also stands disposed of.

No order as to costs.

( Rajasekhar Mantha, J. )