~!: IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR W.P. (Sl No. 17^2- /2009 PETITIONER ,•<&' --*•^ ^^^y. S\.°'"SA^' -•-' Babloo Bhushan Chakravarty, S/o. late Shri S.C. Chakravarty, aged about 46 years, Occupation Mining ^ Sardar, Grade-B, Charcha West \^<^y'^c'a^ ^^^ ^ Area, Baikunthapur Collieiy, SECL, Baikunthpur, District Koria (C.G.) ^^RSUS ^" RESPONDENTS 1) South Eastem Coalfields Limited Seepat Road, Bilaspur (C.G.) through Managing Director. 2) Sub Area Manager, Charcha West, Sub Area South Eastem Coalfields Limited, Baikunthpur, District Koria (C.G.) WmT PETITIQN UNDER ARTICLE 226 ^>F^ 'HIE CPNSTITUTION OF INDIA FQR ISSUANCE ^)F APPROPRIATE WRIT/WMTS, ORDER/ORDERS. DIRECTION/DIRECTIONS etc. 3.3&-',, ^ *-w/^ /^- ^s^^ HIGH COORT OF CHHAmSGARH AT BILASPUR SB : HON'BLE MR. JUSTICE PSUTBlTKER DIWAKBR W.?.(S}.WO. 1702/2009 Babloo Bhushan Chaiiravarthv versus State of C. G. & Another RESPONDBISTS Shri Varun Sharma, counsel for the petitioner. Shri V.R.Tiwari, counsel for the respondents. WRIT PETITION UNDER ARTICLE226 OF THB CONSTITUTION OF CTDIA $.11.2011) With the consent of the parties, the matter is heard finally. Challenge in the present petition is to the order dated 26.12.08 (Annexure P/1) by which, though the petitioner has been allowed tojoin his duties by the respondent/authority but has been subjected to imposition of punishment for stoppage of tavo increments with oumulative effect. Contention of Shri Tiwari, oounsel for the respondents is that the petitioner has an alternative remedy of filing appeal under Clause 30 of the Standing order. He submits that in view of this, the present petition is not maintainable. Shri Sharma submits that the petitioner is not only aggrieved with the imposition of punishment but is also a^rieved by not allowing him to join his duties unti] after the intervention of this court. Shri Tiwari submits that even this aspect would be considered by the appellate authority, if any appeal is preferred by the petitioner. !n view of above, the present petition is disposed of with a direction to the petitioner to file appea! before the competent authority within three weeks from the date o! receipt of copy of this order and in the eventuality of filing any such appeal, the concerned authority shall decide the same with an open mind in an objective manner, as expeditiously as possibie. It is made ciear that this court has not expressed any opinion on the merits of the c.ase and the authority concemed would be at liberty to decide the appeal strictly in accordance with law. —--——..—._ Sd/- ; Pritinker Diwakar Judge