Dhaneshar Mondal v. The Chariman, Coal India And ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 24.08.2022 Item No. 09 Court No.23 (Suvendu) WPA 17876 of 2022 Dhaneshar Mondal Vs.

The Chairman Coal India, Coal Bhawan & Ors.

Mr. Guddu Singh Ms. Ananya Neogi ...............for the petitioner Ms. Tanushree Das Gupta ............for the ECL Affidavit of service filed in Court today is taken on record.

The writ petitioner is presently serving in Eastern Coalfields Limited (in short, ECL) as Mining Sardar PCSA Gr-B. The petitioner is seeking a transfer from ECL to South Eastern Coalfields Limited (in short, SECL) or Central Coalfields Limited (in short, CCL). The petitioner has made a representation to the Chairman, Coal India Limited (in short, CIL) on 2nd July, 2022.

Although CIL is a party to the writ petition but remains unrepresented.

On behalf of ECL it is submitted that the petitioner was originally an employee of SECL but on

mutual transfer came to ECL and ECL has no role to play in respect of the transfer now sought for by the petitioner.

After hearing the parties and considering the materials on record, I find that justice will be subserved if I direct the Chairman, Coal India Limited to dispose of the petitioner's representation dated 2nd July, 2022 appearing at page 35 of the writ petition by a reasoned order after affording a reasonable opportunity of hearing to the petitioner within a period of three months from the date of communication of a server copy of this order. I also make it clear that I have not gone into the merits of the matter.

Since CIL remains unrepresented, the petitioner shall serve a copy of the writ petition along with a copy of this order upon the Chairman of CIL within a period of ten days from date.

WPA 17876 of 2022 is accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Arindam Mukherjee, J.)