Dibajyoti Ghosh vs Coal India Limited & Ors
2023 Latest Caselaw 2664 Cal/2

OD-27
                           WPO/1348/2023
                   IN THE HIGH COURT AT CALCUTTA
                  CONSTITUTIONAL WRIT JURISDICTION
                            ORIGINAL SIDE

                           DIBAJYOTI GHOSH
                                 Versus
                        COAL INDIA LIMITED & ORS.


 BEFORE:
 The Hon'ble JUSTICE LAPITA BANERJI
 Date : 22nd September, 2023
                                                                  Appearance :
                                                         Mr. Partha Ghosh, Adv.
                                                    Mr. Amal Kumar Datta, Adv.
                                                       Ms. Simran Sureka, Adv.
                                                         Mr. Debashis Das, Adv.
                                                             ... for the petitioner

                                                         Mr. Varun Kedia, Adv.
                                                         Mr. Avee Jaiswal, Adv.
                                                          ... for the respondent

The Court : Mr. Ghosh, learned Counsel appearing on behalf of the

writ petitioner, submits that in passing the impugned order dated November

16, 2022 the Coal India Limited (CIL) has not taken into consideration the

observations made by this Court vide judgment and order dated September

27, 2022. He submits that the order of the Appellate authority in moderating

the penalties to "Censure" should have been taken into account while

considering the petitioner's case for promotion pursuant to the list prepared

in December, 2013. Furthermore, the order of the Appellate authority

holding that the role of the ex-workmen was dubious in the delayed payment

of gratuity dues and the relevant Circular of 1987 of ECL was in force at the

time when the ex-workman retired from service were also not taken into

account while considering the issue of promotion of the petitioner from

December, 2013.

He submits, that either the penalty of `Censure' could be awarded or

`withholding of promotion' could be awarded. Both could not be awarded

at the same time.

Let the matter appear for further consideration under the same

heading "Court Application Under Art.226" on October 6, 2023.

All parties are to act on a server copy of this order downloaded from

the official website of this Hon'ble Court.

Urgent certified website copies of this order, if applied for, be made

available to the parties subject to compliance with all requisite formalities.

(LAPITA BANERJI, J.)

SN.

AR(CR)