1 2025:CGHC:34567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8540 of 2018 Shiv Murti Shukla S/o Shri Rampyare Shukla Aged About 48 Years Senior Surveyor Bagdewa, UG Mine, SECL, Korba Now Posted At GM Office, Korba, Area SECL District- Korba(CG) ... Petitioner versus 1 - South Eastern Coalfields Limited Through Chairman-Cum-Managing Director (CMD) Seepat, Road, Bilaspur (CG) 2 - Colliery Manager And Disciplinary Authority Bagdewa UG Mines, Korba, District- Korba (CG) 3- General Manager And Disciplinary Authority Korba, Area SECL 4 - Shri Uday Chatterjee (Retd. Deputy GM, CMPDIL) 731 Indraprasth, Babur Bagh, Post Rajbati, District- Burdwan (WB) 5 - V. K. Kaushik, Sr. Manager (Civil)/Vigilance, SECL And Presenting Officer In The Departmental Proceeding. ---- Respondents _____________________________________________________________ Petitioner- Shiv Murti Shukla, appears in person For Respondent No.1,2 & 3 :Shri V.R. Tiwari, learned Senior Advocate appears along with Shri Sudhir Kumar Bajpai, Advocate ------------------------------------------------------------------------------------------------------- Single Bench:Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 21.07.2025 1. By virtue of this petition, the petitioner is seeking following relief(s):- 10.1. Orders to call for the original records of Enquiry SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.07.21 17:56:31 +0530 2 Proceeding and the Enquiry Report. 10.2 Orders Directing respondent No. 4 Sri Udey Chatterjee, as to show cause against his purported claim of appointment as a qualified/empaneled Inquiring Authority against the notified criteria of Coal India Limited and subsidiary companies without support of any substantive document/records with intent to misguide the Disciplinary Authority for his vested interest to earn fees from the company after his retirement in the guise of competent Inquiring Authority. 10.3 Orders Directing respondent No. 4 Sri Udey Chatterjee, as to show cause against his uncalled for and passing remarks on the interlocutory Order dated 03.04.2017 of this Hon'ble Court as referred to at Para 8.4 above. 10.4 That this Hon'ble Court be pleased to pass suitable Order(s) quashing the Enquiry Report dated 02.01.2018 inter alia the 2nd Show cause notice since based on the perverse and inconsistent enquiry report not legally maintainable on the grounds mentioned above. 10.5 Any other relief/ reliefs as may be found fit in this regard by this Hon'ble Court. 2. At the outset, it is informed by learned senior counsel appearing for Respondents No. 1, 2 and 3 that during the pendency of this petition, the Petitioner has already been terminated from his services vide order dated 28.04.2025 and, while taking note of the said fact, the Division Bench of this Court in Writ Appeal No. 289/2025, vide its order dated 02.05.2025 has observed at paragraphs 11 and 12 as under :- “11. Having considered the submissions of learned counsel for the respondents that the appellant has already been terminated from the services vide order dated 28.04.2025, the remedy lies 3 to the appellant to file appropriate petition before appropriate forum. 12. In view of the above, instant writ appeal is dismissed without merit substance. However, the appellant is at liberty to take recourse to law, if so advised”. 3. It appears further, as contended by the Petitioner, that after passing of the aforesaid order dated 02.05.2025, an appeal was already preferred by him on 12.05.2025. 4. In view of the aforesaid facts and in view of filing of an appeal against the termination of the Petitioner on 28.04.2025, I am, therefore, not inclined to entertain this petition . 5. The petition is, accordingly, dismissed as having been rendered infructuous. Sd/- (Sanjay S. Agrawal) JUDGE sunita