IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.8251/2013 (S-RES) BETWEEN:
SRI ABHAY KUMAR SINHA AGED ABOUT 60 YEARS S/O S.B.N. SINHA RETIRED GENERAL MANAGER (CO-ORDINATION) RESIDING AT NO.283, 8TH MAIN ROAD, BEML LAYOUT, THUBRAHALLI BANGALORE - 560 066.
... PETITIONER (BY SRI M.R. SHAILENDRA, ADV.) AND:
1. BHARATH EARTH MOVERS LTD., (BEML), ‘BEML’ SOUDHA NO.23/1, S.R. NAGAR, 4TH MAIN BANGALORE – 560 027 BY ITS CHAIRMAN & MANAGING DIRECTOR 2. THE DIRECTOR (MINING & CONSTRUCTION) & DISCIPLINARY AUTHORITY ‘BEML’ SOUDHA NO.23/1, S.R. NAGAR, 4TH MAIN BANGALORE – 560 027.
3. THE CENTRAL BUREAU OF INVESTIGATION REP. BY ITS HEAD OF BRANCH NO.36, BELLARY ROAD GANGANAGAR BANGALORE – 560 032.
... RESPONDENTS (BY SRI KARTHIKEYAN B.S. IYER, ADV. FOR R1 & R2; SRI P.PRASANNA KUMAR, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH BY THE ISSUE OF WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION THE ORDER DATED 30.03.2012 AT ANNEXURE-D ISSUED BY 2ND RESPONDENT - DISCIPLINARY AUTHORITY & GRANT ALL CONSEQUENTIAL BENEFITS, INCLUDING THE MONETARY BENEFITS; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 24.09.2012 (ANNEXURE-F), DATED 01.01.2013 (ANNEXURE-H), DATED 02.01.2013 (ANNEXURE-J), DATED 03.01.2013 (ANNEXURE-K), FOR DROPPING OF THE DEPARTMENTAL PROCEEDINGS AND FOR RELEASE OF TERMINAL BENEFITS DUE TO THE PETITIONER, WITH INTEREST.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Challenge in this petition is to Annexure-D, whereby the petitioner was informed that the charge sheet dated 30.03.2012 having been issued to him, his terminal benefits will not be settled, except his own contribution to CPF, till the conclusion of the disciplinary proceeding, in view of Rule 42 of the Conduct, Discipline & Appeal Rules, 1976 of Bharath Earth Movers Limited.
2. Sri M.R. Shailendra, learned advocate for the petitioner submitted that subsequent to the filing of this petition, charge sheet dated 30.03.2012, annexed to Annexure-D was dropped and all the terminal benefits were released in favour of the petitioner. However, learned counsel submitted that interest payable on leave encashment benefit i.e., for the delay in payment has not been paid.
As the main relief sought in this petition does not survive for consideration, on account of dropping of the charges served vide charge sheet dated 30.03.2012 and the consequential payment of withheld terminal benefits, petition does not survive for consideration and stands disposed of accordingly.
However, if interest on the leave encashment benefit is payable and was not paid, it is open to the petitioner to submit a representation to the competent authority for consideration. It is expected that if a representation is made the same would receive immediate consideration as the petitioner is a senior citizen.
Sd/- JUDGE ca