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2025 DAILYLAW 55047 (CHH)

Shiv Murti Shukla v. South Eastern Coalfields Limited

WPS/5952/2017 · 2025-05-05

Shri Sanjay Agrawal

body2025

Judgment text

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1 2025:CGHC:20756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5952 of 2017 Shiv Murti Shukla S/o Shri Rampyare Shukla, Aged About 48 Years, Senior Surveyor Bagdewa, U G Mine, S E C L, Korba Now Posted At G M Office, Korba Area S E C L District Korba (C.G.). ... Petitioner versus 1 - South Eastern Coalfields Limited Through Chief Managing Director (C M D) Seepat, Road, Bilaspur (C.G.) 2 - Colliery Manager And Disciplinary Authority, Bagdewa U G Mines, Korba, District Korba Chhattisgarh P. O. And P. S. Korba Chhattisgarh, District : Korba (C.G.) 3 - General Manager And Disciplinary Authority Korba Area S E C L, P. O. And P. S. Korba Chhattisgarh , District : Korba, (C.G.) 4 - Shri Uday Chatterjee, Retd. Deputy G. M., C M P D I L, 731 Indraprasth, Babur Bagh, Post Rajbati District Burdwan W. B. 5 - V. K. Kaushik Sr. Manager, Civil / Vigilance, S E C L And Presenting Officer In The Departmental Proceeding P.O. S E C L Seepat Road Bilaspur (C.G.). ... Respondent(s) For Petitioner : Shri Shiv Murti Shukla, appears in person. For Respondents No.1 to 3 : Shri V.R. Tiwari, learned Senior Advocate appears along with Shri Sudhir Bajpai, Advocate. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.05.06 18:46:30 +0530 2 Single Bench : Hon’ble Shri Justice Sanjay S. Agrawal Order on Board 06/05/2025 1. Heard on I.A. No.9/2025, an application filed by the petitioner seeking permission to argue the matter in person. 2. The said application is not opposed by the respondents. The application is, accordingly, allowed and he is permitted to argue this matter. 3. By virtue of this petition, the petitioner is praying for the following reliefs at paragraph 10 as under :- “10.1 That, this Hon'ble Court may kindly be pleased to pass suitable Orders to the respondents to provide him the admitted documents as referred to above to enable the petitioner to cross examine the witnesses of the CBI whose statements were recorded by the Inquiring Authority in advance in the departmental proceeding, pending their deposition before the trial court on the same set of evidence. Alternately 10.2 This Court may kindly be pleased to pass suitable Orders to stay the Departmental Proceeding being held by the Disciplinary Authority into the case referred to above on the strength of same set of documents/ evidence and witness until finality of the Criminal Trial.” 4. Learned counsel appearing for the respondents by way of covering memo, filed on 02/05/2025, submits that since the departmental enquiry has already been completed, and the petitioner has been dismissed from the service, therefore, the reliefs as claimed for by the petitioner has become infructuous. 5. Having considered the aforesaid facts and circumstances of 3 the case, considering further that during the pendency of this petition, the alleged departmental enquiry has been completed, while dismissing the petitioner from his service, the instant petition has, thus, become infructuous. 6. The petition is, accordingly dismissed having been rendered infructuous. 7. All other pending applications stand disposed of. Sd/- Sd/- (Sanjay S. Agrawal) JUDGE Kamde