IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT APPEAL NOS.1738-1739 OF 2019 (S-RES) BETWEEN:
1. SRI D. VIJAYA KUMAR S/O LATE P. DODDAIAH AGED ABOUT 45 YEARS MASTER TECHNICIAN - SHEET METAL WORKER M/S HINDUSTAN AERONAUTICS LIMITED DEPARTMENT NO.4302, P.B.NO.61863-69 AERO ENGINE DIVISION, BC SHEET METAL & WELDING SHOP BENGALURU – 560 093 AND RESIDING AT NO.41, RMS COLONY 2ND CROSS, RMV II STAGE SANJAY NAGAR BENGALURU – 560 094 2. SRI. RENUKA S/O SRI SANJEEVAPPA AGED ABOUT 48 YEARS TOOL PLANNER M/S. HINDUSTAN AERONAUTICS LIMITED PB NO.6423/69075-64 HELICOPTER DIVISION, VIMANAPURA POST BENGALURU - 560 017 AND RESIDING AT NO.80/9, "SAMRUDHI" CHENNAPPA COMPOUND MUNISWAMAPPA ROAD, RAMASWAMYPALYA BENGALURU - 560 033 ... APPELLANTS (BY SHRI K. SUBBA RAO, SR. COUNSEL A/W MISS MAITREYI KRISHNAN, ADVOCATE) AND:
1. HINDUSTAN AERONAUTICS LIMITED (A GOVERNMENT OF INDIA UNDERTAKING) REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR REGISTERED OFFICE; NO.15/1, CUBBON ROAD BENGALURU – 560 001 2. THE DISCIPLINARY AUTHORITY THE ASSISTANT GENERAL MANAGER (AEM), ENGINE DIVISION (BC) M/S. HINDUSTAN AERONAUTICS LIMITED BENGALURU COMPLEX BENGALURU – 560 093 3. THE CHIEF MANAGER (TOOL ENGINEERING) M/S HINDUSTAN AERONAUTICS LIMITED HELICOPTER DIVISION VIMANAPURA POST BENGALURU – 560 017 4. SRI B.R. SURYANARAYANA FLAT NO.201, KRISHNA GRAND APARTMENT NO.71/72, 5TH CROSS, K.R. LAYOUT 6TH PHASE, J.P. NAGAR BENGALURU – 560 078 5. THE GENERAL MANAGER (HR/ER) M/S. HINDUSTAN AERONAUTICS LIMITED CORPORATE OFFICE; NO.15/1 CUBBON ROAD BENGALURU – 560 001 ... RESPONDENTS (BY SHRI PRADEEP S. SAWKAR, ADVOCATE) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 24/04/2019 IN W.P.NOS.16137-16138/2019 AND CONSEQUENTIALLY GRANT THE INTERIM PRAYER AS PRAYED FOR IN THE WRIT PETITION AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel appearing for the respondents states that the enquiry has progressed and the Enquiry Officer has already completed recording of oral evidence. In fact, the enquiry is at the stage of filing the statements by the parties.
2. By the impugned order dated 24th April 2019, the learned Single Judge declined to grant interim relief. The interim relief as prayed in the writ petitions filed by the petitioners is that the proceedings in the enquiry should be stayed. Now that the enquiry is at final stage, the interim relief as prayed for cannot be granted.
3. The learned Senior Counsel appearing for the appellants submitted that the learned Single Judge be directed to decide the writ petitions immediately. He submits that till the writ petitions are heard, the respondent be restrained from passing the final order.
4. Suffice it to say that the interim relief as sought in the writ petitions for stay of the enquiry cannot be granted. Considering the stage of the enquiry, the final order is not likely to be passed immediately. Therefore, the appellants can always request the learned Single Judge to give out of turn priority to the hearing of the writ petitions.
5. Subject to what is observed above, we decline to entertain these appeals and the same are accordingly disposed of.
6. The pending interlocutory applications do not survive for consideration and stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB