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2025 DAILYLAW 7123 (JHR)

LEBU MAHTO v. MS BHARAT COKING COAL LIMITED REPRESENTED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR AND ORS

WPC/1593/2015 · 2025-01-28

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1593 of 2015 Lebu Mahto son of late Jhagru Mahto, resident of village Bhowra Jahajtanr, P.O Bhowra, PS Jorapokhar, Dhanbad. … Petitioner. Versus 1. M/s Bharat Coking Coal Limited (BCCL) represented through its Chairman- cum-Managing Director, Koyla Bhawan, P.O Koyla Nagar, P.S. Saraidhela, District- Dhanbad. 2. The General Manager, Lodna Area, BCCL, Lodna, P.S. Jorapokhar, District- Dhanbad. 3. The General Manager, (Estate) BCCL, Koyla Bhawan, P.O Koyla Nagar, P.S. Saraidhela, District- Dhanbad. 4. The Project Officer, Bararee Colliery BCCL, Lodna, P.S. Jorapokhar, District- Dhanbad. ….. Respondents. ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): Mr. Sanjay Prasad, Advocate. For the respondent(s) Mr. Arpan Mishra, Advocate. ------ 11/28.01.2025: The petitioner has directly approached this Court challenging the order of his dismissal from service. Admittedly, there is a provision of departmental appeal, which the petitioner has not availed. The petitioner has been dismissed from service as he obtained employment in lieu of his land, but he has not substantiated the ownership of the land from the documents. The issue involved requires factual re- appraising, which cannot be done considering jurisdiction under Article 226 of the Constitution, as this Court is not a fact finding Court. Thus, I direct the petitioner to file regular Departmental Appeal. If the same is filed within four weeks, the appropriate Authority will consider the same on merit and pass an appropriate order, expeditiously. Accordingly, this petition stands disposed of. Anu/- (ANANDA SEN, J. )