lr/ y COURT GF Ci ISUi WRiT PET1710N N0.801 OF 2002 Ramphal Agrawal, S/o Shri Rakhi Ram Agrawal, aged about 43 years, R/o occupation Servlce, Security Guard, Token No.2437, SECL, Bhatgaon Area, DistrlctSurguja(CG). 1. Union of India, through Secretars?, Ministn/ of C-oat Mines, New Delhi. ^,. ^. The Chairman, Coal India Limited, Kolkata, West Bengal. 3. Chairman-cum-Managinfl Director, SECL, Seepat Road, Bilaspur (CG). General Manager, SECL, Bishrampur, Distt. Surguja (CG). 5. General Manager, SECL, Johiiia Area, Distt. Umariya (MP). 6. General Manager, SECL, Umaria Area, Distt. Umariya (MP). 7. Generai Manager, SECL, Area, uia(CG). 8. Chief Security Officer, SECL, \vvni siiaspur. petition under Article 226/227 of the Constitution of India) inihotri. J. S E^ u. »S. >ii! 1 e. .&- l^ (II Pl. ;- Shri A.N. Bhakta, counsel for the petitioner. Shri Pankaj Shrivastava, counsel for the respondents No.4, 5, 6 and 7. (Passed on this 19"' day of March, 2009} §ypetition, the petitioner seeks the following reliefs: ti—F-4 i . 7.2 This Hon'ble Court may kindiy be pleased lo direct for available of sen/ice book and LPC at the present of posting i.e. Bhatgaon. That. the loss and damages incurred due to neaiigence and mata fide conduct of respondents as mention< in aforesaid para-s may kindly be directed to ensure to pay as earty as possible." —2^ .-/<^ lS^;sys'*';£ls: !) Learned counsel appearing for the pefflioner submits that earlier the petitioner, v/ho is working as a Security Guard in SECL, was transferred from Bishrampur to Johilla Area, thereafter from Johilta So Umariya and agaln from Umariya to Bhatgaon. Learned counsel further submits that on account of frequent transfers his sen/ice book and Last Pay Certificate (for "LPC') v»erenot transferred to his ptace of posting i.e. Bhatgaon due to which the petitioner has sufl;ered a great toss. ^f 3) At this juncture, learned counsel appsaring for the respondents lo.4,5, 6 and 7 submits that the sen/ice book of t'ne petitioner has already been Sransferred to his of post'ng i.e. Bhatgaon, which is evidentfrom the letter dated 12/13-3-2002 (Annexure - R/2). 4) The afofesaid fact has not been disputed by learned counse! for the petitioner, however, learned counse! submits that though the service book of the petitioner has been transferred to his place of posting, but on account of non-fransfer of service book' and LPC wlthin a stipuiated period the petitioner has suffered a loss. Leamed counsel prays that the respondents may be directed accordlngty to pay the d-amages incurred by the petitioner due to neo!igence and ma/a fide conduct of the respondent authoritiss. 5) The petitioner has not made it clear asto what he has suffered. Ths prayer made by the in this petition is vague without specifying She damages os- loss suffered on account of dslay in transferring the sen>'ice iook and LPC. The petitioner has been paid salary right from the day he 'nad joined at the new place of posting. AdmiStedly, t'ne service book anc LPC- have been transferred. If the petitioner has suffered any loss on account of non-transfer of ser/ice book and LPC, immediatety hs may approach to the appropriate forum wherein the ioss and damages can be iuant'fied, if so advised. This Court cannot go into the dispuSed qusstion of facts, particularly the loss and damages, which is not quantified, because the same requires examination, cross-exam'nation of the witnesses and exarnination ofdocuments. 6) In view of the foregoing, the petitfon st-ands dismissed. No order asto costs. Oowri Sd/- Satish K. Agnihotri Judge