THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.V.MURALIDARAN W.A.No.2332 of 2011, Cont.P.No.99 of 2013, M.P.No.1 of 2011 and 1 of 2013 W.A.No.2332 of 2011 B.Chandramohan ...Appellant vs.
1. The Secretary to Government, Agriculture and Forest, Chief Secretariat, Puducherry.
2. The Chairman, Head Office, PASIC Thattanchavadi Puducherry 605 009.
3. The Managing Director, Head Office, PASIC Thattanchavadi Puducherry 605 009. ...Respondents Prayer: Writ Appeal filed Under Clause 15 of the Letters Patents Act, against the order dated 21.11.2011 in W.P.No.24649 of 2011.
Cont.P.No.99 of 2013 B.Chandramohan ...Petitioner Vs.
Mr.Pankaj Kumar Jha Formerly the Managing Director Head Office, PASIC Thattanchavadi Puducherry - 605 009 Presently Joint Secretary to Government Home Department, Chief Secretariat, Puducherry. ...Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for willful disobedience of the order passed in W.A.No.2332 of 2011 dated 12.03.2012.
Mr.M.Gnanasekar : For Appellant in W.A.No.2332 of 2011 and For Petitioner in Cont.Petition No.99 of 2013 Ms.Usha Addl.Govt.Pleader : For 1st respondent in Pondicherry W.A.No.2332 of 2011 Mr.T.P.Manoharan Senior Counsel for Mr.T.M.Naveen : For 2nd and 3rd respondents in W.A.No.2332 of 2011 Mr.T.P.Manoharan : For respondent in Senior Counsel Cont.P.No.99 of 2013
J U D G M E N T
K.K. SASIDHARAN,J.
The challenge in the intra court appeal is to the order dated 21 November, 2011 in W.P.No.24649 of 2011, directing the petitioner to join service at Yanam after rejecting the challenge made to the transfer order. The learned single Judge, while directing the Puducherry Agro Service and Industries Corporation Limited (PASIC) to disburse the entire salary arrears, directed the appellant to join service at Yanam, pursuant to the transfer order, failing which, liberty was granted to PASIC to initiate disciplinary proceedings. The order is under challenge on multiple grounds including malafides.
2. This Court admitted the writ appeal and granted a limited interim order. During the currency of the intra court appeal, the PASIC terminated the appellant from service without conducting enquiry. The appellant, therefore, initiated contempt proceedings in Cont.Petition No.99 of 2013 to punish the respondents on account of their wilful disobedience of the order passed by the Division Bench.
3. The intra court appeal and the connected contempt petition are posted before us today for final disposal.
4. The learned Senior Counsel for PASIC on the basis of instructions given by Thiru.A.Ramamourti, Managing Director, PASIC, who is present in Court, submitted that PASIC is prepared to withdraw the order terminating the appellant from service with liberty to conduct a fresh enquiry.
5. It is a matter of record that the appellant failed to join duty at Yanam inspite of the direction given by the learned single Judge. Subsequently, the appellant was terminated. Even otherwise, the appellant was due for retirement on attaining the age of superannuation during February 2014. In view of the subsequent events, we are of the view that there is no need to adjudicate the factual matrix involved in the intra court appeal. Since the Managing Director, PASIC has withdrawn the order dated 11 September, 2012, dismissing the appellant from service, there is no need to keep the contempt petition also pending.
6. The intra court appeal in W.A.No.2332 of 2011 is disposed of without adjudicating the merits of the order on account of the subsequent events relating to the withdrawal of the proceedings initiated against the appellant. No costs. Consequently, connected miscellaneous petitions are closed.
The contempt petition in Cont.Petition No.99 of 2013 is also closed, in view of the endorsement made by the Managing Director, PASIC, recalling the order of termination.
7. We give liberty to the PASIC to conduct enquiry with notice to the appellant and by following the principles of natural justice. There shall be a further direction to PASIC to complete the enquiry proceedings, within a period of six months from today. The appellant shall co-operate with the Management for an early disposal of the enquiry proceedings.
svki (K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.) 22 June 2017 K.K.SASIDHARAN,J.
and M.V.MURALIDARAN,J.
(svki) W.A.No.2332 of 2011 and Cont.P.No.99 of 2013 22.06.2017 http://www.judis.nic.in