An engineer suspended by NHAI after an accident on a highway project challenged orders preventing his engagement in other NHAI projects. Respondents stated the investigation was completed with no current bar. Nothing survived for adjudication and the writ petition was disposed of.
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W.P(MD)No.17826 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.06.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P.(MD)No.17826 of 2021 and W.M.P.(MD)Nos.14693, 14695 and 14699 of 2021
Periyaraj
... Petitioner
Vs.
1/6
W.P(MD)No.17826 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the first respondent in vide No.NHAI/15011/10(A)/2021/RO Madurai/1668 dated 03.09.2021 and the consequential order passed by the third respondent vide No.NHAI/11012/23/2021/PIU Kanchee/2596 dated 06.09.2021 and may quash the same as erroneous order and may direct the respondents to permit the petitioner to hold the post of Team Leader for the operation and maintenance from KM.13/800 to KM.37/000 of Maduravoyal to Sriperambadur section of NH-4 and operation and maintenance from KM.28/000 to KM.121/000 of Tambaram to Tindivanam section of NH-45 in the State of Tamil Nadu under the sixth respondent within a stipulated period.
For Petitioner : Mr.A.Balakrishnan
For R1 to R4 : Mr.O.R.Gokul Abimanyu
For R5 & R6 : No appearance
W.P(MD)No.17826 of 2021
O R D E R
The Writ Petition is directed against the order passed by the first respondent dated 03.09.2021 and the consequential order passed by the third respondent dated 06.09.2021.
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W.P(MD)No.17826 of 2021
Leader in the fifth respondent company, he was informed about the order passed by the first respondent and also the order passed by the third respondent dated 06.09.2021 informing that the writ petitioner cannot join as a Team Leader in the fifth respondent company for the operation and maintenance of Maduravoyal to Sriperumbudur section of NH-4 and operation and maintenance of Tambaram to Tindivanam section of NH-45 for the said project and that the impugned order came to be passed without hearing the writ petitioner and in violation of principles of natural justice.
W.P(MD)No.17826 of 2021
appearing for the respondents 1 to 4, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.
05.06.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No csm
W.P(MD)No.17826 of 2021
K.MURALI SHANKAR, J
csm
Order made in W.P.(MD)No.17826 of 2021 and W.M.P.(MD)Nos.14693, 14695 and 14699 of 2021
Dated : 05.06.2024
1 issue framed by the court
Whether the NHAI orders suspending the petitioner and barring his engagement in NHAI projects, passed without hearing him, should be quashed.
1 provisions across 1 enactments
Periyaraj
The Regional Officer, National Highway Authority of India (NHAI), Madurai
The Regional Officer, National Highway Authority of India (NHAI), Chennai
The Project Director, Project Implementation Unit (PIU), Kancheepuram
The Project Director, National Highway Authority of India (NHAI), Madurai
Sterling Indo Tech Consultants P. Ltd
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
