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Mahesh Singh Kishor Singh v. Chief General Manager Nagpur Area, W.C.L., Kasturba Nagar & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4387 of 2017)Decided 20 Mar 2017
Civil Appeal No. 4387 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant's representation dated 09.08.2010, pending before the Chairman-cum-Managing Director of Western Coalfields Limited, Nagpur, had remained undecided for years. He pointed out that a co-accused employee, said to be the main accused in the matter, had been reinstated by the Appellate Authority, while his own request had been rejected, prompting him to file a review representation as well. The High Court had earlier relegated him to pursue an alternative remedy.

Decision Breakdown

The Supreme Court found it unnecessary to issue notice to the respondents given the limited nature of relief it intended to grant. It disposed of the appeal by directing the Chairman-cum-Managing Director of Western Coalfields Limited to decide the pending representation of 09.08.2010 on its merits, after giving the appellant a hearing, within two months of receiving a copy of the judgment. The Court clarified that the High Court's earlier order (relegating the appellant to an alternative remedy) would not stand in the way of this decision being taken. No costs were awarded.

Lesson Learnt

When a government or public-sector authority sits for years on an employee's representation without deciding it, the Supreme Court can step in to set a firm, enforceable deadline for that authority to decide the matter on merits: a practical remedy that doesn't require the Court itself to rule on the underlying employment dispute.

Official source (sci.gov.in)View Judgment (PDF)

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