2023 Supreme(Online)(Chh) 11573
CHHATTISGARH HIGH COURT
Arup Kumar Goswami, C. J., *Rakesh Mohan Pandey, J.
Tapeshwar Mandal v. South Eastern Coalfields Limited
W. A. No. 276 of 2022
Territorial jurisdiction is definitive; a High Court may not entertain a writ petition solely based on the location of a head office unrelated to the matter.
Headnote:{'statute_analysis': 'The case invokes provisions under Indian Penal Code, 1860 Sections 120B, 420, 468, 471 and the Prevention of Corruption Act, 1988 Sections 13(2) and 13(1)(d).', 'facts_of_case': 'The appellant was issued a charge sheet for alleged misconduct involving impersonation related to employment certificates. The charges were challenged in a writ petition that was dismissed, prompting this writ appeal.', 'findings_of_court': 'The Court concluded it lacked territorial jurisdiction to entertain the writ petition, echoing prior Supreme Court rulings.', 'issues': 'Is the High Court of Chhattisgarh competent to entertain this writ appeal based on the locus of the charge sheet and employment?', 'ratio_decidendi': 'Citing Eastern Coalfields Ltd. v. Kalyan Banerjee, the Court established that the head office location does not confer jurisdiction over disciplinary actions originating in another state.', 'result': 'The writ appeal is dismissed at the admission stage.'}
| Table of Content |
|---|
| 1. challenge to charge sheet for misconduct (Para 1 , 2) |
| 2. arguments about serious nature of charges (Para 3 , 4) |
| 3. jurisdiction plea regarding territorial authority (Para 5 , 6) |
| 4. territorial jurisdiction in disciplinary matters (Para 7 , 8) |
| 5. final ruling on writ jurisdiction (Para 9 , 10 , 11 , 12) |
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 S.120B read with S.420, S.468 and S.471 of the Indian Penal Code, 1860 and S.13(2) and S.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