Jharkhand High Court
Ajay Kumar Sinha vs Chairman Cum M.D., H.E.C.,Ltd. on 7 August, 2012
Author: D.N.Patel
Bench: D. N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3329 of 2011
Ajay Kumar Sinha ...... Petitioner
Versus
Chairman-cum-Managing Director,
H.E.C. Ltd., Ranchi ...... Respondents
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CORAM: HON'BLE MR. JUSTICE D. N. PATEL
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For the petitioner: Mr. Tarun Kumar, Advocate For the HEC Ltd.: Mr. Rajiv Ranjan, Advocate
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th Order No. 07: Dated 7 August, 2012 Per D.N.Patel, J.
1. Learned counsel appearing for the petitioner submitted that against the action taken by the disciplinary authority, the petitioner has preferred appeal, which is pending before the sole respondent. It is further submitted that if the appeal is not so far decided, the same may be ordered to be decided, after giving adequate opportunity to the petitioner, in accordance with law.
2. Learned counsel for the respondents submitted that if the appeal is pending, the same will be decided by the competent authority, who is authorized to decide the departmental appeal, in accordance with law, rules, regulations and enforceable government orders, applicable to the petitioner, after giving an adequate opportunity of being heard to the petitioner.
3. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I hereby direct the Heavy Engineering Corporation Ltd. to get the departmental appeal, preferred by the petitioner, decided through any competent authority/officer, who is otherwise empowered to decide the same, in accordance with law, rules, regulations and enforceable government orders, applicable to the petitioner, after giving adequate opportunity of being heard to the petitioner or to his representative, as expeditiously as possible and practicable, preferably within a period of sixteen weeks from the date of receipt of a copy of the order of this Court, if the appeal not so far decided by the respondent. Petitioner shall cooperate with the departmental appeal and it is assured by the learned counsel for the petitioner that if the appeal is not decided as yet, there shall be full cooperation of the petitioner in disposal of the departmental appeal, 2. within the aforesaid stipulated period.
4. This writ petition is, accordingly, disposed of with the aforesaid directions.
( D.N. Patel, J. ) A.K.Verma/