HC orders droppingDE against WCL’s ChiefManager (Mining)
   Date :08-Feb-2025
 
 
HC orders
 
Legal Correspondent ALLOWING
 
 
the writ petition filed byWCL Chief Manager (Mining) Sudhanshu Ram Kumar Srivastava (53), Justice Avinash Gharote and Justice Abhay Mantri, at the High Court here, have granted the prayer of the petitioner to drop the disciplinary proceedings against him.
 
The division bench uphold his acquittal by the Special Judge (CBI cases), Nagpur, on March 30, 2024, with the observation that continuation of the disciplinary proceedings against him would not only be unjust, but also not fair and proper. The Special, Court had acquitted the petitioner and his coaccused Amit Sinha of all the offences alleged against them. After the acquittal, the petitioner, through his communication of April 20, 2024, requested the respondents to drop the departmental proceedings, in view of the said judgement. On September 4, 2024, his prayer to the respondents was rejected andthat led to filing of this petition.
 
The respondent-1, WCL hadfloated an e-tender for removal of all types of material from theMakardhokda -III Open Cast Mine, which was allotted to M/sSainik Mining and Allied ServicesLtd. The said tender allotted tothis bidder was terminated andthe Companywas blacklisted. On the basisof a complaintlodged by oneS w a p n i l Panchbhai withthe AntiC o r r u p t i o nBureau undersection 7 of the Prevention of Corruption Act, 1988, against oneAmit Sinha and the petitioner, theCBI-ACB laid a trap and caughtAmit Sinha red-handed. As thepetitioner was also named in theFIR , he was charge-sheeted inthe disciplinary proceedingsunder Rule 30 of the Coal IndiaExecutives' Conduct Disciplineand Appeal Rules, 1978. Advocate Akshay Sudameappeared for the petitioner. Advocate Ajay Ghare represented the WCL and its officers.