1 2025:CGHC:604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8516 of 2024 • Rohit Kumar S/o Baratu Aged About 55 Years Working As Support Mechanic, Category - 6, Neis No. 22994503, Shivani Mines, Kalyani Sub Area, South Eastern Coalfields Limited, Bhatgaon Area, R/o Village Karauti, Post Davna, Police Station Bhaiyathan, District Surajpur Chhattisgarh. ... Petitioner versus 1. South Eastern Coalfields Limited Through Chairman Cum Managing Director, Head Office, Basant Vihar, Seepat Road, Bilaspur, District Bilaspur Chhattisgarh. 2. Area Personnel Manager South Eastern Coalfields Limited, Bhatgaon, Area, District Surajpur Chhattisgarh. 3. Mining Manager South Eastern Coalfields Limited, Shivani Mines, Bhatgaon, Area, District Surajpur Chhattisgarh. 4. Sub Area Manager South Eastern Coalfields Limited, Kalyani Sub Area, Bhatgaon Area, District Surajpur Chhattisgarh. 5. Sub Area Manager South Eastern Coalfields Limited, Shivani Mines, Bhatgaon Area, District Surajpur Chhattisgarh. 6. The Collector Surajpur, District Surajpur Chhattisgarh. 7. Dasodiya D/o Sonsai And W/o Parmeshwar Rajvade R/o Village - Kamlapur, Police Station Vishrampur, Tahsil Latori, District Surajpur Chhattisgarh. ... Respondents For Petitioner : Mr. Basant Kaiwart, Advocate For Respondents No. 1 to 5 : Mr. Satish Gupta, Advocate For State : Mr. Abhishek Gupta, Panel Lawyer 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 06/01/2025 1. Heard on I.A. No. 02 of 2024, which is an application for exemption from filing typed copy of annexures. 2. Fresh and visible typed copies and documents have already been filed, as such I.A. No. 02 of 2024 stands allowed. 3. By way of instant petition, the petitioner is challenging the legality and propriety of the charge-sheet dated 25.02.2024 issued by the respondent No. 3 wherein it is alleged that the petitioner has obtained service in the SECL by fake and forged document and a false affidavit has been filed at the time of employment. 4. Brief facts of the matter are that the petitioner was appointed under the respondent SECL vide order dated 10.01.1990 on the post of General Mazdoor Category-I. The complainant/respondent No.7 made a written complaint before the respondent No. 6 that the real name of the petitioner is Boli Ram S/o Duhan Ram and he obtained his service by fake and forged documents. After that physical verification of the aforesaid complain the respondent authorities sent a show cause notice to the petitioner on 05.05.2023. On 08.05.2023, the petitioner filed his reply to the show cause notice before the respondent No. 3 stating that the respondent No.7 is petitioner's relative and there is dispute between the family of the petitioner and complainant, therefore, she lodged a false complaint with mala-fide intention against the petitioner. the petitioner is 3 challenging the legality and propriety of the charge-sheet dated 25.02.2024 issued by the respondent No. 3, Hence, this petition. 5. The petitioner prays for following relief(s):- 10.1. That, this Hon’ble Court may kindly be pleased to quash/set-aside the charge-sheet dated 25.02.2024 (Annexure P-1). 10.2. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to dismiss the departmental enquiry against petitioner in the light of order dated 12.04.2024 passed by this Hon’ble Court in WPS No. 2223/2024 on the ground of delay because of the petitioner has been working for last 34 years. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fir and appropriate. 6. Learned counsel for the petitioner submits that the petitioner has been working continuously for the last 34 years and till date no any written complaint lodged against the petitioner regarding the petitioner’s service. He also submits that on 27.05.2024 the enquiry officer issued a notice to the petitioner to appear on 14.06.2024 with all documents regarding enquiry of the charge- sheet, the petitioner produced ration-card, driving license, I- Card of SECL, PAN card, voter-ID and other relevant documents in his support, thus the the enquiry proceeding was done by the enquiry officer and the Sarpanch of Gram panchayat Karauti-B also issued a certificate Panchnama in favour of the petitioner verifying the aforesaid documents. He further submits that in absence of any substantial evidence on record, the respondent 4 authorities cannot issue charge-sheet and enquiry report against the petitioner and allegation leveled against the petitioner is forged and fabricated, therefore, the charge-sheet and the initiation of departmental enquiry may be quashed as no charges against the petitioner is made-out. 7. On the other hand, learned counsel for the respondents submit that departmental enquiry cannot be quashed during the course of conclusion of the departmental enquiry. He further submit that Hon’ble Supreme Court in the matter of Deputy Inspector General of Police vs. K.S. Swaminathan reported in 1996 SCC 498 as held that the charges and departmental enquiry cannot be quahsed at initial stage, as such I am not inclined to entertained this petition, therefore, present petition is dismissed. 8. Accordingly, instant writ petition is dismissed. Sd/- (Amitendra Kishore Prasad) JUDGE vaishali Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.14 11:07:20 +0530