Chattisgarh High Court
Saheb vs Union Of India on 20 December, 2022
-1-
NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
WPS No. 9105 of 2022
Saheb S/o Shri Ram Nagina Aged About 53 Years Employee No.
22930291, Armchair Winder Category 5, Central Workshop Secl
Korba, District Korba R/o Chopda Colony, Qr. No.721, Bishrampur,
Police Station Bishrampur, District Surajpur Chhattisgarh
---- Petitioner
Versus
1. Union Of India Through - The Managing Director (Personnel / NEE),
SECL, Vasant Vihar, Seepat Road, Bilaspur, District Bilaspur
Chhattisgarh
2. The General Manager Central Workshop, SECL, P.O. Korba Colliery,
District Korba Chhattisgarh
3. The Deputy General Manager (Excavation) Central Workshop, SECL
Korba, P.O. Korba Colliery, District Korba Chhattisgarh
4. The Regional Finance Manager, Central Workshop (Central Store),
SECL Korba, P.O. Korba Colliery, District Korba Chhattisgarh
5. The Depot Officer (Store) Central Workshop SECL Korba, P.O. Korba
Colliery, District Korba Chhattisgarh
6. State Of Chhattisgarh Through - The Secretary, Department Of
Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur,
District Raipur Chhattisgarh
---- Respondents
______________________________________________________________
For Petitioner : Mr. Ajay Barik, Advocate on behalf
of Mr. A.K. Yadav, Advocate
For Res. No.1 : Mr. Tushar Dhar Diwan, Advocate
For Res. No. 2 to 5 : Mr. Pankaj Singh, Advocate
For Res. No.6 : Mr. Ravi Bhagat, Dy. Govt. Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
20/12/2022
Heard.
1. This writ petition is filed by the petitioner with a limited prayer for
issuing a direction to respondent No.3 to consider and decide
the departmental appeal submitted by the petitioner on
04.12.2018 at the earliest within specified time.
2. Mr. Ajay Barik, learned counsel appearing for petitioner would
submit that petitioner was employed on the post of Armchair
Winder Category-5 with respondents No. 2 to 5. During period of
service, petitioner was issued charge memo levelling allegations
against him. After completion of departmental inquiry, petitioner
was terminated from service vide order dated 27.10.2018. At the
time of issuance of charge memo, FIR was also lodged against
petitioner and criminal case was registered. After conclusion of
trial in criminal case, Chief Judicial Magistrate, Surajpur has
acquitted the petitioner from charges levelled against him, vide
judgment dated 18.01.2019. Petitioner, against order of
termination, has immediately preferred an appeal before the
appellate authority on 04.12.2018. As of now, more than 4 years
have already elapsed, but till date, appeal preferred by the
petitioner has not been decided which is causing prejudice to
the petitioner and his family members are also facing financial
hardship. He contended that as the appeal submitted by the
petitioner is already pending consideration, a direction be issued
to respondent No.3 to decide appeal at the earliest .
3. Shri Pankaj Singh, learned counsel for respondents No. 2 to 5,
on instructions, submits that the appellate authority is seized of
the matter and the appellate authority is already considering the
appeal submitted by the petitioner. He submits that appeal
pending before respondent No.3 will be considered and decided
at the earliest in accordance with law.
4. Mr. Tushardhar Diwan and Mr. Ravi Bhagat, learned counsel
appearing for respective respondents would submit that
grievance raised in this writ petition is against respondents No. 2
to 5.
5. Considering the submission of learned counsel for the petitioner
as also submission of learned counsel for respondents No. 2 to
5, particularly the date of submitting appeal on 04.12.2018, this
petition is finally disposed off, directing the respondents to
consider and decide the appeal submitted by the petitioner on
04.12.2018 at the earliest, preferably within a period of 2 months
from the date of receipt of copy of order passed by this Court.
6. Certified copy as per rules.
Sd/-/-/-/-/-/--------/--/-
(Parth Prateem Sahu)
Judge
Praveen
