High Court Jharkhand High Court

Md. Jabbar vs Central Coalfields Ltd & Ors on 28 June, 2011

Jharkhand High Court
Md. Jabbar vs Central Coalfields Ltd & Ors on 28 June, 2011
                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W. P (S) No. 1983 of 2009
                                              With
                                     I. A. No. 819 of 2011
         Md. Jabbar                                                 ..... Petitioner
                                            Versus
         Central Coalfield Limited, through its Chairman-cum-Managing Director, Ranchi &
         Others                                                     ..... Respondents
                                            -----
                  CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
                                            -----
         For the Petitioner                   - Mrs. M.M.Pal, Sr. Adv.
         For the Respondents                   - Mrs. Banani Verma
                                            -----

5/28.6.2011

This case has been listed under the heading “For Orders” on I. A. No.

819/2011.

When the said interlocutory application is called out, learned counsel for the

parties submitted that the writ petition itself may be taken up today, as a very short

point is involved In this case.

On the joint prayer of the parties, this writ petition is being taken up for hearing

along with the said interlocutory application.

In the interlocutory application, the petitioner has prayed for fixing an early date

of hearing of the case. Since the writ petition is being taken up for disposal today itself,

no separate order is required to be passed in the interlocutory application.

In this writ petition, the petitioner has prayed for quashing the order of dismissal

dated 11.2.09 passed by the Project Officer, Sirka Colliery and also for other

consequential reliefs. Learned counsel for the petitioner submitted that while passing

the impugned order, the Project Officer has committed errors of facts and law and the

impugned order is improper, invalid and unsustainable.

Learned counsel appearing on behalf of the respondents-C.C.L submitted that

there is provision for appeal against the impugned order of the appointing authority

and the petitioner has availed the said opportunity by preferring appeal before the

Director, Personnel, C.C.L. The petitioner’s appeal is still under consideration and the

appellate authority has not applied his mind. In view thereof, this writ petition is

premature and is liable to be dismissed in limine.

Learned counsel for the petitioner has not disputed the contention of learned

counsel for the respondents that there is provision for appeal against the impugned
order. He has also admitted that the appeal has been preferred by the petitioner.

However, learned counsel submitted that the appeal was filed long ago in the year

16.2.09, but till date the same has not been considered and disposed of by the

appellate authority. The petitioner, under that compelling circumstance, has

approached this Court.

Having heard learned counsel, this writ petition is disposed of directing the

appellate authority – Director, Personnel, C.C.L, Ranchi to dispose of the petitioner’s

appeal within a period of three months from the date of receipt / production of a copy

of this order.

This writ petition as well as I. A. No. 819/2011 stand disposed of.

S.K                                                          (NARENDRA NATH TIWARI, J)