The Single Judge held that since the initiation of disciplinary proceedings was set aside in a previous writ petition, a subsequent order appointing an enquiry officer was without jurisdiction. The petition was allowed and the impugned order set aside.
Order appointing enquiry officer set aside; writ petition allowed.
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.
HONOURABLE SHRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No. 11039 OF 2006
Dated 1 0 th July, 2006
Between: L.Vijaya Kumari
… Petitioner
And
Bharat Sanchar Nigam Ltd., Represented by its Chief General Manager, Telecom, A.P. Circle, Hyderabad and others.
…Respondents.
ORDER:
This writ petition has been filed for issuance of a writ of certiorari calling for the records relating to the order No.TA/Inq/Disc./56/1-1/05-06/17, dated 3.3.2006 and to quash the same as arbitrary, without jurisdiction and contrary to law. By the impugned proceedings, enquiry officer has been appointed to enquire into the charges framed against the petitioner pursuant to the initiation of the disciplinary proceedings in Memo dated 16.2.2005. But, the very initiation of the proceedings was questioned by the petitioner in W.P.No.9799 of 2005 and this Court after considering the matter passed orders setting aside the memo dated 16.2.2005, by which, disciplinary proceedings were initiated against the petitioner. Inasmuch as the very initiation of the disciplinary proceedings, pursuant to which the present impugned order appointing enquiry officer is passed, is set aside, the order impugned herein is liable to be set aside. Accordingly, the same is set aside and the writ petition is allowed. No costs.
______________________ 10--7—2006 (R.SUBHASH REDDY, J.) VR
1 issue framed by the court
Whether an order appointing an enquiry officer is maintainable when the very initiation of disciplinary proceedings has been set aside in a prior writ petition?
L.Vijaya Kumari
Bharat Sanchar Nigam Ltd.
R.Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
