Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 and 2, 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 conductor in the respondent -Corporation, retired from service on 30.4.2007 having attained the age of superannuation. While he was in service, having faced disciplinary proceedings, the petitioner was removed from service. Later, through Ext.P5 judgment rendered by this in Court in W.P.(C) No.24691/2011, the petitioner was reinstated. While calibrating the terminal benefits, the period the petitioner had been under suspension and subsequently out of duty owing to the W.P.(C) No. 32421/2014 -2-
removal was not considered as part of service by treating it as leave-without-allowance. Aggrieved thereby, the petitioner is said to have filed Ext.P11 appeal before the 1st respondent. Seeking its expeditious disposal, the petitioner filed the present Writ Petition.
3. The learned Standing Counsel for the respondent - Corporation submitted that the petitioner was initially removed from service and later the removal was set aside in a revision. Subsequently, in a fresh enquiry, that was undertaken in the light of the observations in the revision, once again the petitioner was removed from service. Thus, after two rounds of disciplinary proceedings, when the petitioner was removed from service finally, this Court through Ext.P5 judgment set aside the punishment. It appears, by then, the petitioner retired from service.
4. Be that as it may, for the facts and circumstances, having regard to the respective submissions of the learned W.P.(C) No. 32421/2014 -3-
counsel for the petitioner and the learned Standing Counsel for the respondent-Corporation, this Court, without expressing any opinion on the merits of the matter, dispose of the present writ petition with a direction to the 1st respondent to consider Exhibit P11 appeal 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. All the other reliefs sought in the Writ Petition are left over.
Sd/-
DAMA SESHADRI NAIDU, JUDGE jjj