GANESH PRASAD GARG Vs. GENERAL MANAGER, SOUTH EAST COAL LIMITED AND OTHERS
LAWS(MPH)-2017-8-88
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
Decided on August 01,2017

Ganesh Prasad Garg Appellant
VERSUS
General Manager, South East Coal Limited And Others Respondents

JUDGEMENT

SUBODH ABHYANKAR,J. - (1.) The present petition has been filed by the petitioner against the framing of charges dated 7.2.2017 and 12.2.2017 Annexures P/5 and P/7 respectively wherein the charges have been framed against the petitioner in departmental enquiry with respect to his misconduct owing to misbehaviour and indiscipline. The petitioner's contention is that the same has been issued with mala fide intention to harass the petitioner because the petitioner has filed a reference case before the Presiding Officer, Labour Court, Jabalpur for regularization of his services.
(2.) The petitioner has further submitted that the charges have been framed against the petitioner by an incompetent authority as respondent No. 2/Colliery Manager has no authority to issue charge sheet against the petitioner.
(3.) On the other hand, learned senior counsel for the respondents has submitted that the Colliery Managers have already been given the authority to issue charge sheet in respect of delinquent employees vide office order dated 31.3.2008 which has also been placed on record by the respondents. It is further contended that the petition is not maintainable as the alternative efficacious remedy is available to the petitioner to ventilate his grievances.;


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