Facts
In W.P.(S) No. 5976 of 2017, the petitioner challenged the initiation of a departmental enquiry, alleging that he had not been supplied with the charge-sheet, witness list, or relied-upon documents.
Source reference: para. 1, 3The enquiry arose from a charge-sheet dated 24 February 2017 concerning the alleged use of a false name to obtain employment with SECL.
Source reference: para. 1, 3The High Court stayed further enquiry proceedings on 10 November 2017.
Source reference: para. 2SECL later filed a return attaching the charge-sheet and the petitioner’s reply to the Enquiry Officer dated 6 March 2017.
Source reference: para. 4In W.P.(S) No. 3697 of 2020, another petitioner claimed that the first petitioner had obtained employment in his name and sought continuation of the enquiry.
Source reference: para. 8Issues
Whether the interim stay of the departmental enquiry should remain in force where SECL had produced the charge-sheet and the enquiry had remained pending for nearly nine years.
Source reference: para. 4, 6Whether W.P.(S) No. 3697 of 2020 remained maintainable once the Court directed the enquiry to proceed expeditiously.
Source reference: para. 8–9Law Applied
The Court proceeded under Article 226 of the Constitution of India and applied the principles of natural justice to the conduct of the departmental enquiry.
Source reference: para. 6It directed that the petitioner receive a proper opportunity of hearing and copies of the documents on which SECL intended to rely.
Source reference: para. 6The order cites no specific statutory provision or judicial precedent.
Source reference: no citationReasoning
SECL’s return included the charge-sheet and the petitioner’s earlier reply, addressing the petitioner’s claim that no charge-sheet had been issued.
Source reference: para. 4Given that the enquiry had been pending for nearly nine years following the interim stay, the Court considered it appropriate to vacate the stay and require the enquiry to be completed within six months, subject to compliance with natural justice and supply of relied-upon documents.
Source reference: para. 6Because that direction addressed the request for continuation of the enquiry made in W.P.(S) No. 3697 of 2020, the Court found that petition had become infructuous.
Source reference: para. 8–9Holding
The Court vacated the interim order in W.P.(S) No. 5976 of 2017 and directed the Enquiry Officer to complete the enquiry within six months of receiving the order, after providing a proper hearing and the documents SECL intended to rely upon.
The petitioner was directed not to delay the proceedings.
Source reference: para. 6–7, 11That petition was disposed of without any finding on the merits of the allegations.
Source reference: para. 6–7, 11W.P.(S) No. 3697 of 2020 was disposed of as infructuous, and pending interlocutory applications were also disposed of.
Source reference: para. 9–10Original Court PDF
RAM PRASAD,vsSOUTH EASTERN COALFIELDS LTD.
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