High Court Jharkhand High Court

Bideshi Patar vs Bokaro Steel Limited & Ors on 20 July, 2011

Jharkhand High Court
Bideshi Patar vs Bokaro Steel Limited & Ors on 20 July, 2011
                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P(S) No. 2125 of 2011
         Bideshi Patar                                        ..... Petitioner
                                          Versus
         Bokaro Steel Plant, through its Managing Director, Bokaro & Others
                                                              ..... Respondents
                                   -----
                  CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
                                   -----
         For the Petitioner           - Mr. N.N.Prasad
         For the Respondents          -  Mr. Ananda Sen
                                   -----

2/20.7.2011

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

10.5.06 (Annexure-4) issued by the respondent No.2 whereby the order of dismissal of

the petitioner from service has been communicated to the petitioner. It has been

stated that due to illness of his mother, the petitioner had proceeded on leave after

giving due information to the authority. Since the condition of his mother further

worsened, he had made application for leave without pay. Subsequently, he also fell ill

and made application for leave on that ground. The petitioner’s indisposition further

followed by mental illness. Due to the said long absence for about four months under

the said circumstances, the respondents started a departmental proceeding against

the petitioner for the alleged unauthorized absence from service. In the said

departmental proceeding the petitioner was not given proper opportunity of hearing

and there was violation of the prescribed procedures. Finally the respondents issued

the impugned order of the petitioner’s dismissal from service. The petitioner had

challenged the said order before this Court in W.P(S) No. 5375/2007, but in view of

the provision of appeal against the order of punishment, the petitioner was permitted

to withdraw the said writ petition in order to prefer appeal before the appellate

authority. The petitioner, thereafter, preferred appeal as far back as on 24.3.08 before

the Managing Director, Bokaro Steel Plant, Bokaro, but the said appeal is still pending

and no order has been passed till date. It has been submitted that the impugned order

is wholly illegal and arbitrary and the same is liable to be quashed by this Court.

Mr. Ananda Sen, learned counsel appearing on behalf of the respondents,

submitted that according to the petitioner himself, his appeal is still pending before the

departmental appellate authority and as such he had no occasion to prefer this writ

petition. This writ petition is, thus, premature and is liable to be dismissed.
Having heard learned counsel for the parties, I find that the petitioner has

already preferred departmental appeal before the Manging Director in March 2008 and

since thereafter a long period has expired, but according to the petitioner, the appeal

has not been disposed of till date.

In view of the above, this writ petition is disposed of directing the Managing

Director, Bokaro Steel Plant, Bokaro (respondent No.1) to dispose of the petitioner’s

appeal within two months from the date of receipt / production of a copy of this order, if

not already disposed of, and communicate the order in writing to the petitioner.

S.K                                                          (NARENDRA NATH TIWARI, J)