Petitioners have approached this Court complaining about a common order, Ext.P2 in W.P.C.No.10193 of 2014.
2. The learned Government Pleader submits that the petitioners have a right of appeal against the aforesaid order of suspension.
3. I.A.No.6036 of 2014 is filed in W.P.C.No.10193 of 2014 wherein Sri.N.Subramanian seems to implead himself as additional respondent. He is a person to whom the AWD had been attached on a temporary basis. Similar applications have been filed in the other cases as well.
4. On a perusal of the impugned orders in these cases, I am of the view that consideration of these matters require a detailed factual consideration of the materials on record especially when the petitioners are challenging the very suspension order based on the materials collected by the said authorities. Such issues can be looked into by the authorities in detail and this Court cannot sit in judicial review in respect of such disputed factual issues.
5. As far as the impleading application is concerned, the applicant is only a person to whom AWD of the petitioners can be attached as a temporary measure during the suspension order. Only after final orders are passed in the matter, it can be decided as to whether the impleading applicant has any legal right or not. Hence I do not think that the impleading applicant has any right to intervene at this juncture. Accordingly, the impleading applications are dismissed.
6. Learned Government Pleader submits that the petitioners have a right of appeal and the appellate authority can adjudicate the factual disputes raised by the petitioners.
7. Having regard to the aforesaid factual situation, I am of the view that this writ petition can be disposed of as under:
i) The petitioners are permitted to file necessary appeals before the appellate authority within a period of two weeks from the date of receipt of a copy of this judgment.
ii) Since this Court has already passed an interim order staying further proceedings pursuant to the suspension order, the same order shall continue to remain in force till disposal of the appeals to be filed by the petitioners. However, if the petitioners do not prefer to file appeals within the time aforesaid, the interim order shall stand vacated.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr