Authority: Calcutta High Court
Order Date: 10 Sep 2026
Case Overview
- Parties: Petitioner Ms. Amrita Pandey (advocated by Piush Chaturvedi) vs. Coal India Limited (respondent).
- Background: Petitioner faced criminal proceedings initiated in 2016, resulting in a conviction on 18 May 2022. Coal India terminated her employment on 25 Nov 2022.
- The petitioner appealed the conviction; the appeal was finally disposed of with an acquittal on 23 Dec 2025, and she was released on 4 Jan 2026. She filed an appeal on 5 Jan 2026.
- A writ petition was filed challenging the dismissal of the appeal on 19 Aug 2026 on the ground that no prayer for condoning delay was made.
- Petitioner cited Supreme Court precedents (AIR 2009 SC 3162; (2013) 11 SCC 67) arguing that time spent in criminal proceedings should not be treated as delay.
- Respondent argued that condonation under Rule 41.1 of the Coal India Executives' Conduct, Discipline and Appeal Rules is required, though it is a formality.
Final Outcome
- The writ petition is disposed of.
- The petitioner is directed to file an application under Rule 41.1 to seek condonation of the delay.
- Upon receipt of such application, the appellate authority shall condone the delay and hear the appeal on its merits.
- The appellate authority must dispose of the appeal on merits by 31 Oct 2026, providing adequate hearing and prior notice to the petitioner.
- A reasoned order shall be communicated to the petitioner within 10 days of the decision.
- No order as to costs was made.
Topics: Legal Procedure, Employment Dispute