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2023 Supreme(Chh) 66

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARUP KUMAR GOSWAMI, RAKESH MOHAN PANDEY, JJ.
Tapeshwar Mandal S/o Mahabir Mandal – Appellant
Versus
South Eastern Coalfields Limited – Respondent
Writ Appeal No. 276 of 2022
Decided On : 08-02-2023

Advocates:
Advocate Appeared:
For the Appellant : Sushobhit Singh.
For the Respondents: Prakash Tiwari, Palash Tiwari.

Headnote:

Constitution of India, 1949 – Article 226 – Indian Penal Code, 1860 – Section 420, 468 and 471 – Prevention of Corruption Act, 1988 – Section 13 – First Information Report – Power of High Court to issue certain writs – Appellant had challenged issuance of charge-sheet respondent before learned single Judge been dismissed at motion stage itself very order passed by learned single Judge is under challenge instant writ appeal – Held, Court matter Eastern Coalfields while dealing with similar issue held that because head office of Company is situated in State of West Bengal same by itself would not confer any jurisdiction upon Calcutta High Court particularly when head office had nothing to do with order of punishment passed against employee – Learned single Judge is liable to be set aside as it had no territorial jurisdiction to entertain writ petition – Writ appeal accordingly dismissed.

JUDGMENT :

RAKESH MOHAN PANDEY, J.

1. The appellant had challenged the issuance of charge-sheet dated 29.10.2021 by respondent No. 4 before learned single Judge in W.P. (S) No. 2595/2022, which has been dismissed at motion stage itself on 12.04.2022 and thus the very order passed by learned single Judge is under challenge in the instant writ appeal.

2. The case, in a nutshell, is that, First Information Report (F.I.R.) was registered against the Officers of DGMS Dhanbad on the charges of criminal conspiracy, for issuance of “Sirdar's Certificate” to various employees of the department and based upon such fake and forged certificates, several persons have obtained employment under the various units of the respondent's establishment. The allegation against the appellant is that he impersonated as Sahdeo Prasad and appeared in the Sirdar's Certificate examination. Though, the certificate was named upon Sahdeo Prasad, but the photograph of the appellant was affixed over it. Later on, the photograph was also changed by counterfeiting the certificate. The scam was busted by CBI/ACB and final report was filed before the Special CBI Court, Dhanbad against many officers of the respondent’s department including the appellant. Respondent No. 4 got information regarding filing of charge-sheet for the offences punishable under Section 120B read with Section 420, 468 and 471 of the Indian Penal Code, 1860 and Section 13(2) and 13(1) (d) of Prevention of Corruption Act, 1988 against the appellant and other accused persons. Thereafter, respondent no. 4 issued Article of Charges against the present appellant on 29.10.2021. The Article of Charges was issued for violation of Clause 26.1, 26.22 and 26.39 of Certified Standing Orders of the South Eastern Coalfields Limited (for short ‘SECL’). The appellant applied for anticipatory bail and same was granted by the High Court of Jharkhand at Ranchi vide order dated 11.01.2022. The appellant challenged the issuance of Article of Charges by the Sub Area Manager, Kurja Sub Area, SECL, Hasdeo Area, Post Bijuri, District Anuppur (MP) on the ground that the charges are totally vague, complete details in respect of alleged misconduct have not been provided, the material documents have not been supplied and charge-sheet has been issued at a much belated stage.

3. The respondents appeared before the learned single Judge on advance copy and on the first date of hearing, at motion stage itself, the petition was dismissed, where the respondents took a plea that charges are quite serious in nature and the courts should be slow in interfering disciplinary proceedings particularly at the show cause or at the charge-sheet stage.

4. The learned single Judge vide order dated 12.04.2022 dismissed the petition preferred by the appellant holding that there is no delay in issuance of the charge-sheet and the appellant shall be entitled to get all the relevant documents and other evidence from the respondents. The appellant preferred the writ appeal against the order dated 12.04.2022 taking a new plea that the criminal proceedings and the departmental proceedings on the same set of facts cannot go on simultaneously.

5. Learned counsel for the respondents filed reply and additional reply too. In reply, the respondents have denied the averments made by the appellant in writ appeal, whereas in the additional reply, issue of territorial jurisdiction has been raised. The respondents have stated that the criminal case is pending before the Special Judge, CBI, Dhanbad and Article of Charges has been issued by respondent No. 4. Learned counsel would further submit that cause of action does not arise within the territorial jurisdiction of High Court of Chhattisgarh, and therefore, the instant writ appeal is not maintainable.

6. In counter, learned counsel for the appellant would submit that Head Office of the SECL is situated at Seepat Road, Bilaspur, Chhattisgarh and if, any adverse order is passed against the appellant, the appeal woul

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