Manish Kumar S/O Jagdish Narayan Mishra v. Western Coalfields Ltd., Thr. Chairman-Cum-Managing Director, Nagpur And ORS.

2026:BHC-NAG:5258-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR .

WRIT PETITION NO. 2647 OF 2026 MANISH KUMAR S/O JAGDISH NARAYAN MISHRA Vs.

WESTERN COALFIELDS LTD., THR. CHAIRMAN-CUMMANAGING DIRECTOR, NAGPUR AND ORS. __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. J. M. Gandhi, Advocate for the Petitioner. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 0 2.04.2026.

1.

Heard learned counsel for the petitioner.

2.

The contention is that the petitioner who is an employee of the respondent- Western Coalfields Limited was chargesheeted on allegations of demanding illegal gratification, both in a departmental enquiry as well as in a criminal prosecution. The criminal trial resulted in the honorable acquittal of the petitioner vide judgment dated 17.02.2025 passed by the learned Additional Sessions Judge, Warora in Special (CBI) Case No.03 of 2015 which is at record page No.34 Annexure- 3. 3.

Mr. Gandhi, learned counsel for the petitioner has invited our attention to the order dated 18.02.2020 passed by this Court in Writ Petition No.4711 of 2017 which is at record page No.33 Annexure- 2. In the said writ petition, this Court, at the request of the petitioner, had stayed the departmental

2/3 proceedings pending the criminal trial. Thus, the aforesaid departmental proceedings are still pending.

4.

Mr. Gandhi submits that since the allegations in the departmental enquiry are identical to those in the criminal trial and the petitioner has now been honorably acquitted vide judgment dated 17.02.2025, the petitioner is entitled to the relief of dropping the departmental proceedings. Hence, this writ petition.

5.

A perusal of the petition reveals that the petitioner has made a similar request to his employer on 17.02.2026 vide representation dated 14.02.2026 which is at record page No.127 Annexure-5. In the said representation, the petitioner has sought the relief of dropping the departmental proceedings. 6.

Mr. Gandhi submits that, till date, the said representation has not been decided by the Western Coalfields Limited. 7.

In view of the above, we dispose of the present writ petition with a direction to respondent No.2- Western Coalfields Ltd., Office of Regional General Manager, Nagpur to decide the aforesaid representation dated 14.02.2026 received on 17.02.2026 within a stipulated period of eight weeks from the date of production of order of this Court.

8.

Respondent No.2 is directed to consider the judgment of the acquittal of the petitioner passed by the learned Additional Sessions Judge, Warora in the criminal trial.

3/3 9.

The decision taken thereupon shall be communicated to the petitioner within a period of two weeks from the date of such decision.

10.

Writ Petition is accordingly disposed of.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.)