VIJAY KUMAR KAUSHIK v. SOUTH EASTERN COALFIELDS LIMITED
WPS/9108/2023 · 2025-01-24
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42631 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42631 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:4544
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9108 of 2023 1 - Vijay Kumar Kaushik S/o Jagdish Prasad Kaushik Aged About 51 Years Resident Of Md- 495, Deepka Colony, Near Masjid, Post Office- Gevra Project, Tahsil- Deepka, District- Korba (C.G.)
... Petitioner versus 1 - South Eastern Coalfields Limited Through The Chairman-Cum-Managing Director, S.E.C.L. Headquarter, Seepat Road, Sarkanda, District- Bilaspur (C.G.) 2 - The Manager (Personnel) South Eastern Coalfields Limited, Gevra Project, District Korba
(C.G.) 3 - The Deputy General Manager (Mines) South Eastern Coalfields Limited, Gevra Project, District
Korba
(C.G.) 4 - Inquiry Officer K.C. Mohanta South Eastern Coalfields Limited, Gevra Project, District Korba (C.G.)
... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Goutam Khetrapal, Advocate For Respondents : Shri Satish Gupta, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 24/01/2025
1. The instant writ petition has been preferred against the proceedings of departmental inquiry initiated against the petitioner by letter dated 12.01.2023, without supplying the required documents upon which the charges are based, Digitally signed by GOPAL SINGH Date: 2025.02.13 11:17:24 +0530
2 which is in violation of principles of natural justice. The instant writ petition is also preferred against the impugned order dated 02/04.11.2023 by which, the respondent no. 2 has rejected the application of the petitioner for supply of the documents like note sheet relating to appointment of one Ramcharan, who was appointed on acquisition of same land. The aforesaid impugned order has been issued by the respondent no. 2, without assigning any tenable ground, in a complete violation of principles of natural justice and without providing proper opportunity of defence to the petitioner in the departmental inquiry proceedings.
2. The petitioner has sought the following reliefs in this petition:
“10.1 That this Hon'ble Court may kindly be pleased to call the records of the case from the respondents. 10.2 That this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 12.01.2023 with all proceedings of departmental enquiry initiated against the petitioner and further be please to quash the impugned order dated 02/04.11.2023. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”
3. The only relief the petitioner can be granted at this stage would be to direct the respondents authorities to provide all the documents upon which departmental inquiry has been initiated.
4.
Learned counsel for the respondents submits that they will provide each and every documents based on the departmental inquiry.
3
5. The other reliefs so far as quashment of entire departmental inquiry cannot be granted.
6. The interim order, if any granted earlier, is hereby vacated.
7. With the aforesaid observations, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad)
JUDGE Gopal Singh