Heard the learned counsel for the petitioner, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner, a Work Assistant under the control of the first respondent, was placed under suspension through Exhibit P3 proceedings. Later, the petitioner is said to have been subjected to repeated enquiries despite the preliminary findings of more than one Enquiry Officer that there is no substance in the allegations levelled against the petitioner. Under those circumstances, the petitioner is said to have submitted Exhibit P13 representation to the second respondent to keep in WPC 29926/14 2 abeyance the fresh round of enquiry and to proceed, if at all required, based on Exhibit P7 report, the initial one.
3. Though it is the prerogative of the employer to subject any erring employee to disciplinary proceedings, there is no cavil about the proposition that such enquiry should be in accordance with the service regulations governing the employee and that it should be by following the principles of natural justice. Prima facie, there seems to be more than one attempt on the part of the respondents in having enquiries intermittently through different Enquiry Officers. Under those circumstances, it is requisite for the second respondent to consider Exhibit P13 representation of the petitioner in accordance with law.
In the facts and circumstances, having regard to the submissions made by the learned counsel for the petitioner, this Court, without adverting to the merits of the matter, disposes of the writ petition with a direction to the second WPC 29926/14 3 respondent to consider Exhibit P13 representation of the petitioner, in accordance with law and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that any fresh proceedings that have been initiated pursuant to Exhibit P12 shall be put on hold until Exhibit P13 representation is disposed of.
Dama Seshadri Naidu, Judge tkv