wp4318.17 & wp4104.17.odt 1/8

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.4104 OF 2017

(Shri Gurjit singh s/o. Late Gopal Singh Vs. Coal India Limited and another)

and

WRIT PETITION No.4318 OF 2017

(Mrs. Anjana Mehta wd/o. Deceased Dr. Surendraprasad Mehta Vs. Coal India Limited and

others)

__________________________________________________________________________

Office Notes, Office Memoramda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

_________________________________________________________________________________

Mr. S.A. Pathak, Advocate for Petitioner in WP 4318/2017.

Mr. M.M. Sudame, Advocate for Petitioner in WP 4104/2017.

Mr. A.M. Ghare, Advocate for Respondents in WP 4318/2017.

CORAM : DIPANKAR DATTA, CJ. &

PUSHPA V. GANEDIWALA, J.

DATE : 4^th FEBRUARY, 2021

1.

Writ Petition No.4104/2017 and Writ Petition

No.4318/2017 are taken up for consideration together, since the

point of law involved therein is common.

2.

The petitioner in Writ Petition No.4104/2017, at the

material time, was working as a General Manger (Finance) under

the Western Coalfields Limited (hereafter “the W.C.L.”, for short).

Disciplinary proceeding was initiated against the petitioner vide

charge-sheet dated 22^nd August, 2012 on the ground of

unauthorized absence from duty. In a duly constituted inquiry,

the charge levelled against the petitioner was established

resulting in an order of removal from service being passed. The

wp4318.17 & wp4104.17.odt 2/8

order of removal is the subject matter of challenge in separate

proceedings initiated according to law.

3.

The petitioner in Writ Petition No.4318/2017 is the widow

of Dr. Surendraprasad Mehta (since deceased). At the material

time, the deceased was holding the post of Medical

Superintendent in the W.C.L. Prosecution was launched against

the deceased under Section 7 and 13(1)(d) read with Section

13(2) of the Prevention of Corruption Act, 1988 (hereafter “the

P.C. Act”, for short). The deceased stood trial before the Special

(Central Bureau of Investigation) Court, Nagpur. Vide judgment

and order dated 9^th December, 2009, the Special Court convicted

the deceased under Section 7 of the P.C. Act and sentenced him

to suffer simple imprisonment for three months. The Special

Court also convicted the deceased for offence punishable under

Section 13(1)(d) read with Section 13(2) of the P.C. Act and

sentenced him to suffer rigorous imprisonment for two years and

to pay fine of Rs.5,000/-, in default to suffer further simple

imprisonment for three months. Both sentences were directed to

run concurrently. Upon such conviction and sentence, the

deceased preferred an appeal before this Court. During the

pendency of the appeal, he breathed his last. However, based on

the aforesaid conviction, the deceased was dismissed from service

by the W.C.L.

4.

In the backdrop of the aforesaid factual narrative, the

claim in both the writ petitions is for release of financial benefits

on account of leave encashment dues of the petitioner in Writ

Petition No.4104/2017 and of the deceased husband of the

petitioner in Writ Petition No.4318/2017.

5.

On behalf of the petitioners, Mr. S.A. Pathak and Mr. M.M.

Sudame, learned Advocates have referred to the provisions of

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Section 52(10) of the Mines Act, 1952 (hereafter “the Mines Act”,

for short) to contend that notwithstanding removal/dismissal

from service, the petitioners are entitled to leave encashment

dues. Heavy reliance has been placed on the