MAHESH SINGH KISHOR SINGH Vs. CHIEF GENERAL MANAGER NAGPUR AREA, W.C.L., KASTURBA NAGAR AND ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4387 of 2017, Judgment Date: Mar 20, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION



                        CIVIL APPEAL NO.4387 OF 2017
               [@ SPECIAL LEAVE PETITION (C) NO. 8971 OF 2017]
       [@ SPECIAL LEAVE PETITION (C).....CC. NO. CC No(s).  5015/2017]



MAHESH SINGH KISHOR SINGH                                       APPELLANT(S)

                                VERSUS


CHIEF GENERAL MANAGER NAGPUR AREA, W.C.L.,
KASTURBA NAGAR AND ANR                                         RESPONDENT(S)



                               J U D G M E N T

KURIAN, J.

1.    Delay condoned.
2.    Leave granted.
3.    In the nature of order we propose to pass,  it  is  not  necessary  to
issue notice to the respondents.  The  appellant  is  aggrieved,  since  his
representation  dated  09.08.2010,  pending  before  Chairman-cum-  Managing
Director, Western Coalfields Limited, Nagpur has not so  far  been  disposed
of.   It  is  submitted  that  the  appellant   had   filed   a   subsequent
representation as well.
4.     It  is  brought  to  the  notice  of  this   Court   that   the   co-
accused/Chirkute Moje, who according to the appellant, is the main  accused,
has been reinstated by the Appellate Authority, whereas the request  of  the
appellants has been turned down by the Appellate  Authority.  Therefore,  he
filed a review representation  before  the  Chairman-cum-Managing  Director,
Western Coalfields Limited, Nagpur.
5.    This appeal is disposed of with  a  direction  to  the   Chairman-cum-
Managing Director, Western  Coalfields  Limited,  Nagpur,  before  whom  the
Representation dated 09.08.2010 is said to be pending, to consider the  same
on merits after affording an opportunity for hearing to the  appellant.   It
shall be done within a period of two months from the date of  production  of
a copy of this judgment along with a  copy  of  this  petition  for  special
leave.
6.    We make it clear that the impugned judgment passed by the  High  Court
relegating the appellant for alternative remedy shall not stand in  the  way
of the  Chairman-cum-Managing Director, Western Coalfields Limited,  Nagpur,
taking a decision, as above.
7.    Pending applications, if any, shall stand disposed of.
8.    There shall be no orders as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                              [R. BANUMATHI]

      NEW DELHI;
      MARCH 20, 2017.