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
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CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner - Mr. N.N.Prasad
For the Respondents - Mr. Ananda Sen
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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)