Parshottam vs South Eastern Coalfields Ltd
2026 Latest Caselaw 1665 Chatt

Chattisgarh High Court

Parshottam vs South Eastern Coalfields Ltd on 15 April, 2026

                                                                        1




           Digitally signed
           by SIDDHANT
SIDDHANT TAMRAKAR
TAMRAKAR Date:
         2026.04.15
           14:22:39
           +0530




                                                                                                            NAFR
                                           HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                            WPS No. 3153 of 2018
                                 Parshottam S/o Nathuram, Aged About 43 Years Caste Rajwar, Mechanical
                                  Helper, Category - 2, NEIS No. 22927818 Mahamaya Under Ground Mines,
                                  South Eastern Coalfields Limited, Post Bhatgaon, District Surajpur
                                  Chhattisgarh, R/o Village Jarhi, Post And Police Station Bhatgaon, District
                                  Surajpur, Chhattisgarh Pin 497235
                                                                                                ... Petitioner

                                                                      versus

                                1. South Eastern Coalfields Ltd. Seepat Road, Bilaspur Chhattisgarh Through
                                   Managing Director
                                2. General Manager, South Eastern Coalfields Limited, Bhatgaon Area, Post
                                   And Police Station District Surajpur Chhattisgarh
                                3. Mines Manager, Mahamaya Underground Mines, South Eastern Coalfields
                                   Limited, Office Of The Mahamaya Underground Mines, Post Bhatgaon,
                                   District Surajpur Chhattisgarh
                                                                                     ... Respondent(s)

                              For Petitioner                  :    Mr. K.R. Nair, Advocate
                              For Respondents/SECL            :    Mr. Pankaj Agrawal, Advocate

                                                Hon'ble Shri Justice Rakesh Mohan Pandey
                                                                  Order on Board
                              15.04.2026

1. By way of this petition, the petitioner has sought the following relief(s):-

"10.1. That the Hon'ble Court may kindly be pleased to call for the entire records from the South Eastern Coalfields Ltd relating to the case of petitioner for its kind perusal.

10.2 That the Hon'ble Court may kindly be pleased to quash the charge sheet dated 03/01/2018 (Annexure P-1) issued by the respondents SECL and all subsequent proceedings initiated and continued against the petitioner.

10.3 To issue any other appropriate orders on directions to the respondents in the interest of justice in favour of the petitioner."

2. Facts in brief are that the part of land admeasuring 0.34 hectare bearing

survey Nos. 944 and 993/1 situated at village Jarhi, Patwari Circle No. 17,

Tahsil Pratappur, District Surguja was owned by Shri Nathuram. The

petitioner is adopted son of Nathuram. The petitioner was offered an

appointment in lieu of land acquisition and resultantly, he was appointed on

the post of Helper in the mechanical department vide order dated 30.10.1999.

After 19 years of regular service, the SECL authorities issued article of

charge making allegation that he secured employment providing forged

documents in contravention to service rules.

3. Mr. Nair would submit that the petitioner is adopted son of Nathuram and

there was no cheating or forgery on the part of the petitioner and false

allegations have been made against the petitioner. He would submit that the

respondent authorities with malafide intention and without providing

relevant documents initiated a departmental enquiry and served article of

charge. He would submit that the article of charge issued by respondents

dated 03.01.2018 may be quashed.

4. On the other hand, Mr. Pankaj Agrawal, Advocate would submit that the

petitioner represented himself as adopted son of Nathuram and secured

employment and when this fact was detected by the department, article of

charge was issued. He would submit that an enquiry was also conducted by

the Additional Collector and findings recorded in that enquiry were stayed by

the Commissioner, Division Surguja. He would submit that the petition is

misconceived and deserves to be dismissed.

5. I have heard learned counsel for the parties and perused the documents

placed on record.

6. Perusal of the documents would show that the petitioner was appointed in

lieu of land acquisition. The petitioner has pleaded that he is an adopted son

of Nathuram. The petitioner has placed sufficient documents to substantiate

this fact. An article of charge has been issued by the SECL authorities

ignoring the order of Commissioner, whereby, findings recorded by the

Additional Collector in its enquiry were stayed. Further, as argued by Mr.

Nair, documents along with enquiry report conducted by Additional

Collector have not been provided to the petitioner.

7. Taking into consideration the above-discussed facts, this petition is disposed

of with a direction to the SECL authorities to provide all relevant documents

along with enquiry report conducted by the Additional Collector to the

petitioner before proceeding with the enquiry. The respondent authorities

shall provide sufficient opportunity of hearing to the petitioner strictly in

accordance with the standing orders. The petitioner shall be permitted to

examine his witnesses and would be at liberty to cross-examine the

prosecution witnesses. The disciplinary authority shall take decision strictly

in accordance with the law.

8. With the aforesaid observation(s), and direction(s), the instant petition is

hereby disposed of.

Sd/-

(Rakesh Mohan Pandey) JUDGE

$iddhant