Madhya Pradesh High Court
Shireesh Kumar Dwivedi vs Western Coal Field Ltd. on 27 September, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2024:MPHC-JBP:49835
1 WP-24247-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 27th OF SEPTEMBER, 2024
WRIT PETITION No. 24247 of 2023
SHIREESH KUMAR DWIVEDI
Versus
WESTERN COAL FIELD LTD. AND OTHERS
Appearance:
Shri Harry Bamoriya - Advocate for petitioner.
Shri Greeshm Jain - Advocate for respondents No.2 and 3.
ORDER
After arguing for sometime, learned counsel for the respondents submits that the respondent No.2-Area Personnel Manager, Western Coalfields Ltd. has considered the appeal and rejected the same being time- barred. It is submitted that the respondent No.2 is not the appellate authority.
Some other additional documents have been filed by the petitioner vide I.A. No.6425 of 2024 to be taken on record.
The respondents' counsel fairly submits that one appeal was filed within 45 days. In all fairness, he submits that the matter be remanded back to the appellate authority to reconsider the matter on merits of the case.
The counsel appearing for the petitioner has no objection. In such circumstances, the matter is relegated to the appellate authority to reconsider the case on merits without being affected by the delay in filing the appeal, if any.
Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 28-09-2024 12:14:18NEUTRAL CITATION NO. 2024:MPHC-JBP:49835 2 WP-24247-2023 It is also pointed out that the order passed by the appellate authority is on the note-sheet itself, therefore, the same is not put to challenge. However, the final order of the appellate authority is hereby set aside. The time elapsed before this Court in filing the petition shall not be taken into consideration while deciding the appeal.
Under these circumstances, the counsel for the petitioner is directed to file an appeal within a period of 15 days from today before the appellate authority who, in turn, is directed to consider the same on merits and decide it in accordance with law within a period of 90 days from the date of receipt of certified copy of this order.
Needless to mention that this Court has not expressed any opinion on the merits of the case.
The petition is disposed of finally in above terms.
(VISHAL MISHRA) JUDGE VV Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 28-09-2024 12:14:18