1 2025:CGHC:28492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6707 of 2018 1 - Ganesh Ram S/o Late Shri Narayan, Aged About 43 Years Master Armechar Winder, Elr Shop, Central Workshop, S.E.C.L. Korba, District Korba Chhattisgarh, District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - Chairman-Cum- Managing Director South Eastern Coalfields Limited, Headquarter Seepat Road, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Director, Personnel/administration, South Eastern Coalfields Limited, Headquarter Seepat Road, Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - General Manager, (Mining), Central Workshop, South Eastern Coalfields Limited, Korba, District Korba Chhattisgarh, District : Korba, Chhattisgarh 4 - Area Personnel Manager, Central Workshop, Central Stores, South Eastern Coalfields Limited, Korba, District Korba Chhattisgarh, District : Korba, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Karunendra Narayan Singh, Advocate For Respondents : Mr. Himanshu Yadu, Advocate holding the brief of Mr. Vaibhav Shukla, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 27/06/2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to set-aside the order dated 14/16.07.2018 2 (Annexure P/1) /1) and and order dated 11.09.2014 (Annexure P/2).1 10.2. That, this Hon'ble court may kindly be pleased to direct the respondent authorities to give deducted money alongwith all consequential service benefit to the petitioner with interest. 10.3 That this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 2) The facts of the present case are that the petitioner was initially appointed to the post of General Mazdoor Category-1 (Winder) and from time to time, he was promoted to the next higher post. Lastly, he was promoted to Master Armature Winder Group-A in the Central Work Shop, SECL, Korba. On 18.04.2014, at about 12:00 o’clock during lunch hours when the petitioner was going to his house to take lunch, he was searched by the security personnel and a piece of copper weighing 1 kg. transformer connection plate was found in the dickey of his motorcycle. The petitioner was placed under suspension vide order dated 21.04.2014 and the article of charge was issued. 3) The petitioner filed a reply wherein he took a plea that he was going from the ELR workshop to the machine shop to cut the said transformer connection plate. The reply filed by the petitioner was not found satisfactory and an inquiry was contemplated. An Inquiry Officer was appointed, who concluded the inquiry and submitted its report. The disciplinary authority inflicted a penalty of demotion to 11 lower stage time scales vide order dated 11.09.2014. The petitioner preferred a departmental appeal which was also dismissed. 3 4) Learned counsel appearing for the petitioner would submit that the reply submitted by the petitioner against the article of charge was not considered properly by the Inquiry Officer. He would further submit that the petitioner was carrying a piece of copper transformer connection plate to Machine Workshop to get it cut. He would also submit that the allegation of theft was not proved in the departmental inquiry and no criminal case was registered against him. He would pray to set aside the order dated 14/16-07- 2018 and 11.09.2014 passed by the Appellate Authority and the disciplinary authority respectively and to direct the respondents to extend all benefits. 5) On the other hand, learned counsel appearing for the respondents would oppose the submissions made by learned counsel appearing for the petitioner. 6) I have heard the learned counsel appearing for the parties at length and perused the documents placed on the record. 7) The petitioner has not taken a plea with regard to the violation of the principle of natural justice. It is also not stated that the documents were not supplied; witnesses were not examined; the petitioner was not permitted to cross-examine the witnesses or the inquiry report was not served. The sole ground taken by the petitioner is that he was carrying a copper transformer connection plate weighing 1 kg. from one workshop to another to cut it properly. 8) The documents annexed along with the writ petition would show 4 that the stolen article was seized from the possession of the petitioner and he failed to justify the possession of the copper transformer plate weighing 1 kg. It appears that after a full-fledged inquiry, the penalty was inflicted. 9) The Hon’ble Supreme Court in the matter of Union of India and Others vs. P. Gunasekaran, (2015) 2 SCC 610 has held that in the matter of departmental enquiry, the High Court while exercising the power under Article 226 of the Constitution of India may examine issues such as the competency of the authority, the role of the Disciplinary Authority, and the violation of the principles of natural justice. In the present case, there is no allegation with regard to the competency of either the Disciplinary Authority or the Appellate Authority. 10) With regard to the principles of natural justice, the petitioner has not raised any ground in this petition. 11) Taking into consideration the law laid down by the Hon’ble Supreme Court in the matter of P. Gunasekaran (supra) and the grounds raised by the petitioner in the present petition, I do not find any good ground to interfere with the findings of facts recorded by two authorities. 12) Consequently, this petition fails and is hereby dismissed. No cost(s). SD/- (Rakesh Mohan Pandey) JUDGE Rekha