Sri Sujit Kumar Maity vs The Coal India Ltd. & Ors
2021 Latest Caselaw 50 Cal/2

                                       ORDER SHEET
                                        WPO/16/2021
                             IN THE HIGH COURT AT CALCUTTA
                            CONSTITUTIONAL WRIT JURISDICTION
                                      ORIGINAL SIDE

                                   SRI SUJIT KUMAR MAITY
                                             -VS-
                                 THE COAL INDIA LTD. & ORS.

PRESENT:
THE HON'BLE JUSTICE RAJASEKHAR MANTHA
DATE:15.01.2021

                                           Mr. P. Ghosh, Adv.; Mr. A.K. Dutta, Adv., for petitioner.
                                      Mr. A.K. Poddar, Adv.; Ms. M. Yasmin, Adv., for respondents.

The Court: The writ petitioner challenges the disciplinary proceedings initiated against him

and the final order dated June 23, 2016, passed by the disciplinary authority, as also the order dated

April 24, 2018, passed by the Appellate authority. Certiorary is also prayed for to quash the entire

proceedings.

While it is true that the matter ought to have been filed on the Appellate side of this Court,

counsel for the petitioner relies upon a judgment of a Division Bench of this Court, dated July 8,

2019, passed in APOT No.49 of 2019 (Eastern Coalfields Ltd. -vs- Premlala Devi), where it has

been held that it is a matter of administrative convenience in petitions being filed on the Appellate

Side or the Original Side of this Court. The challenge to the said decision has been rejected by the

Supreme Court.

In those circumstances, let affidavit in opposition be filed within a period of three weeks

from date. Reply thereto, if any, be filed within a period of one week thereafter. List this matter for

hearing after four weeks.

(RAJASEKHAR MANTHA, J.)

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