Chattisgarh High Court
Bishnu Sahu vs South Eastern Coalfields Limited on 27 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 712 of 2025
1 - Bishnu Sahu S/o Shri Khiroo Sahu Aged About 56 Years Working As
Production Cum Safety Assistant, Bhatgaon Colliery, Bhatgaon Area, S.E.C.L.
R/o B/46, Urja Nagar, Jarhi, District Surajpur, Chhattisgarh.
... Petitioner(s)
Versus
1 - South Eastern Coalfields Limited, Through Chairman-Cum-Managing
Director, South Eastern Coalfields Limited, Head Quarters, Seepat Road, Police
Station- Sarkanda, District Bilaspur, Chhattisgarh.
2 - General Manager (Vigilance) South Eastern Coalfields Limited, Head
Quarters, Seepat Road, Police Station- Sarkanda, District Bilaspur, Chhattisgarh.
3 - Area General Manager South Eastern Coalfields Limited, Bhatgaon Area,
District Surajpur, Chhattisgarh.
4 - Area Personnel Manager South Eastern Coalfields Limited, Bhatgaon Area,
District Surajpur, Chhattisgarh.
5 - Sub Area Manager Bhatgaon Sub Area, P.O.- Bhatgaon, Colliery, District
Surajpur, Chhattisgarh.
6 - Mines Manager Bhatgaon Colliery, P.O.- Bhatgaon Colliery, District Surajpur,
Chhattisgarh.
... Respondent(s)
Order Sheet
27/01/2025 Mr. Chandresh Shrivastava, Advocate for the Petitioner.
Mr. K.K. Shrivastava, Advocate for the Respondents.
Heard.
Issue notice to Respondents.
Mr. K.K. Shrivastava, Advocate accepts notice on behalf of
the respondents.
Learned counsel for the respondents prays for and is
granted 04 weeks time to file reply.
Also heard on I.A. No. 01/2025 which is an application for
grant of interim relief.
Learned counsel for the petitioner submits that the charges
leveled against the petitioner is prima facie not in accordance with
law. The petitioner was appointed on the basis, he being a
candidate under the General (Unreserved) Category, however,
after completion of about 27 years of service rendered by the
petitioner, he has been issued impugned charge-sheet dated
13.11.2024 (Annexure P/1) stating that he has not submitted his
Caste Certificate showcasing him to be belonging to Scheduled
Caste Category and as such, the proceeding of departmental
enquiry was directed to be initiated by the respondents against
the petitioner.
He submits that the petitioner is challenging the said
charge-sheet dated 13.11.2024 (Annexure P/1) on the ground
that the said charge-sheet has been issued after 27 years of
service of petitioner and that too, on the dint of the fact that the
petitioner has not obtained the service on the basis of him being a
candidate under the Scheduled Tribe Category. He has obtained
the service on the basis of being a candidate under the General
(Unreserved) Category for the post of Mining Sardar for which,
there is no requirement at all, to get benefit of grant of
reservation. He further contends that in the promotion list issued
by the respondents, he has been considered under the General
(Unreserved) Category candidate and as such, prima facie, the
issuance of the impugned charge-sheet dated 13.11.2024
(Annexure P/1) is itself not in accordance with law and the same
is liable to be quashed.
In support of his contention, learned counsel for the
petitioner placed reliance upon the judgment of the Hon'ble
Supreme Court in the case of Anant R Kulkarni Vs. Y.P.
Education Society & Ors. 2013 6 SCC 515 .
On the other hand, learned counsel for the respondents
submits that right or wrong, when the petitioner has stated in his
verification form (Annexure P/9) that he belongs to Scheduled
Caste Category, he is liable to submit the documents in respect of
his Caste for which, he has mentioned in his verification form
(Annexure P/9) and therefore, non-submission of such document
would create a doubt and therefore, the issuance of charge-sheet
dated 13.11.2024 is in accordance with law.
I have heard learned counsel for the parties.
Taking into consideration the facts and circumstances of
the case, submission of the learned counsel for the petitioner, the
documents placed on record, as also, especially considering the
fact that the petitioner has not obtained the service on the basis
of him belonging to Scheduled Tribe Category and further,
considering the documents issued by the respondents that the
petitioner has been promoted on the ground he being the General
(Unreserved) Category on the post of Mining Sardar for which, no
benefit of reservation is required, purely as an interim measure, it
is directed that the effect and operation of the impugned charge-
sheet dated 13.11.2024 (Annexure P/1) shall remain stayed till
the next date of hearing.
Accordingly, the petitioner will also be at liberty to file re-
joinder and therefore, counsel for the petitioner is granted 02
weeks time to file rejoinder in the writ petition.
List this case after 06 weeks.
Sd/-
(Amitendra Kishore Prasad)
Judge
Digitally
SHUBHAM signed by
DEY SHUBHAM
DEY
Dey
