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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4387 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 8971 OF 2017]

[@ SPECIAL LEAVE PETITION (C).....CC. NO. CC No(s).  5015/2017]

MAHESH SINGH KISHOR SINGH APPELLANT(S)                                 VERSUS

CHIEF GENERAL MANAGER NAGPUR AREA, W.C.L.,  KASTURBA NAGAR AND ANR RESPONDENT(S)

J U D G M E N T KURIAN, J.

1. Delay condoned.   2. Leave granted.   3. In the nature of order we propose to pass, it is not  necessary  to  issue  notice  to  the  respondents. The appellant is aggrieved, since his representation dated  09.08.2010,  pending  before  Chairman-cum- Managing Director, Western Coalfields Limited, Nagpur has not so far been disposed of.  It is submitted that  the  appellant  had  filed  a  subsequent

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representation as well. 4. It is brought to the notice of this Court that the  co-accused/Chirkute  Moje,  who  according  to  the appellant, is the main accused, has been reinstated by the Appellate Authority, whereas the request of the appellants has been turned down by the Appellate Authority.  Therefore,  he  filed  a  review representation  before  the  Chairman-cum-Managing Director, Western Coalfields Limited, Nagpur. 5. This appeal is disposed of with a direction to the   Chairman-cum-Managing  Director,  Western Coalfields  Limited,  Nagpur,  before  whom  the Representation  dated  09.08.2010  is  said  to  be pending,  to  consider  the  same  on  merits  after affording  an  opportunity  for  hearing  to  the appellant.  It shall be done within a period of two months from the date of production of a copy of this judgment  along  with  a  copy  of  this  petition  for special leave. 6. We  make  it  clear  that  the  impugned  judgment passed by the High Court relegating the appellant for alternative remedy shall not stand in the way of the Chairman-cum-Managing  Director,  Western  Coalfields Limited, Nagpur, taking a decision, as above.  

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7. Pending  applications,  if  any,  shall  stand disposed of. 8. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; MARCH 20, 2017.

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