Chandan Kumar vs Central Coalfields Limited And Ors

Heard Mr. Atanu Banerjee, the learned counsel appearing for the petitioner and Mr. Amit Kumar Das, the learned counsel appearing on behalf of the respondent-CCL.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

The petitioner has preferred this writ petition for a direction upon the respondents to not to take final decision in the disciplinary proceeding initiated against the petitioner and not to circulate and publish the outcome of the said enquiry till final decision and judgment is delivered in the criminal case relating to the same charge being R.C. Case No.11(A) of 2015-R.

At the outset, Mr. Amit Kumar Das, the learned counsel appearing on behalf of the respondent-CCL objected the prayer of the writ petitioner. He submits that the petitioner has earlier moved this Court in W.P.(S) No.5244 of 2017 wherein he has challenged the departmental proceeding arising out of the charge-sheet and by a reasoned order the coordinate Bench of this Court has been pleased to dismiss the writ petition of the petitioner on 01.08.2018. He further submits that by way of this writ petition, the prayer made in the writ petition is almost similar to the departmental proceeding. The petitioner has tried to refer the prayer by way of saying not to proceed in the departmental proceeding wherein a disciplinary case filed by the petitioner has already been dismissed by order dated 01.08.2018. Mr. Das, the learned counsel for the respondents referred to paragraph no.22 of the observation made in W.P.(S) No.5244 of 2017 and submits that it has been taken note by a coordinate Bench that continuance of departmental proceeding cannot be stayed merely because a criminal case of similar nature is pending against the petitioner.

The Court finds force in the argument of the learned counsel appearing on behalf of the respondent-CCL. The departmental proceeding challenge has already been lost by the petitioner and now the petitioner is by way of moulding the prayer has come forward with the writ petition, no relief can be extended to the petitioner in this writ petition, and accordingly, the instant writ petition [W.P.(S) No.2046 of 2020 ] stands dismissed.