Appeal against interim stay on disciplinary proceedings. Court vacated stay, allowing disciplinary inquiry to proceed, with final penalty stage subject to pending writ petition outcome.
Vacated stay on disciplinary proceedings; allowed appellant to proceed with disciplinary enquiry in accordance with rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 9TH DAY OF JULY 2013/18TH ASHADHA, 1935
WA.No. 1521 of 2012 () IN WP(C).10899/2012
INTERIM ORDER IN WP(C) 10899/2012 of HIGH COURT OF KERALA DATED 09-08-2012
APPELLANTS/RESPONDENTS 1TO 3:
BY ADVS.SRI.E.K.NANDAKUMAR (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
RESPONDENTS/PETITIONER/4TH RESPONDENT :
R1 BY ADV. SRI.K.GOPALAKRISHNA KURUP (SR.) BY ADV. SRI.S.MANU
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR, C.J. & K. VINOD CHANDRAN, J.
W.A.No.1521 of 2012
Dated this the 9th day of July, 2013
Judgment
Manjula Chellur, C.J.
The first respondent herein approached the learned Single Judge challenging initiation of disciplinary proceedings against him on the ground that simultaneously C.B.I. enquiry was proceeded against him. Though initially an interim order of stay was granted, subsequently, the same came to be vacated. Later, an amendment to the writ petition was sought challenging the rule that only a co-employee could represent the delinquent in the disciplinary proceedings. The said amendment came to be allowed and then again stay application came to be filed contending that the writ petitioner must be permitted to represent him by a retired employee as well and thereafter, the learned Single Judge granted stay of operation of the rule and also disciplinary proceedings. By virtue of this order, now the disciplinary proceedings are stalled and the C.B.I. enquiry is proceeded with.
W.A.1521/12
2
W.A.1521/12
3
case positive report against the delinquent is given.
The Writ Appeal is disposed of as above.
MANJULA CHELLUR, CHIEF JUSTICE.
K. VINOD CHANDRAN, JUDGE.
srd
Fertilizers and Chemicals Travancore Limited
V. Murali Nair
Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
