S.K.Ranu vs South Eastern Coalfields Limited
2022 Latest Caselaw 5090 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet
                             WPS No. 2580 of 2019
                S.k.ranu Versus South Eastern Coalfields Limited,

WPS/10265/2019,WPS/9080/2019,WPS/1109/2020,WPS/3768/2019,WPS/10093/2019,



           7-




8-8-2022         Mr. Prasoon Kumar Bhaduri, counsel for the petitioners.
                 Mr. H.B.Agrwal, Sr. Advocate with Mr.Vinod Deshmukh, counsel
           for the respondents.

Learned counsel for the petitioners would submit that before conclusion of the trial, charge-sheet has been issued to the petitioners and now in pursuance of the charge-sheet departmental enquiry has been initiated against them. He would further submit that in criminal cases the petitioners have been acquitted and against that the acquittal appeal has also been filed by the CBI. He would further submit that continuation of departmental enquiry is against the judgment of Hon'ble Supreme Court in the case of M Paul Anthony vs. Bharat Coal Mines Limited., reported in 1999(3) SCC 679.

On the other hand, learned counsel for the respondents would submit that though the petitioner has been acquitted from the criminal charges, still enquiry can be initiated against him as per law laid down by the Hon'ble Supreme Court in the case of Karnataka Power Transmission Corporation Limited represented by Managing Director (Administration and HR) vs. C. Nagaraju and another, reported in (2019) 10 SCC 367.

When the question was posed to learned counsel for the petitioners whether the action of the management with regard to continuation of enquiry even after acquittal is in conformity with the judgment of Hon'ble Supreme Court in Karnataka Power Transmission Corporation Ltd., (supra), he would submit that he may be given two weeks' time to seek instructions.

Prayer seems to be just and proper.

Learned counsel for the respondents is directed to file a copy of the relevant rules which allow the management to continue with the enquiry even after acquittal.

List the bunch of these cases on 23-8-2022 at the top of the list. Meanwhile, interim relief granted earlier shall continue, till the next date of hearing.

SD/-

(Narendra Kumar Vyas) Judge

Raju