The petitioner, a college staff member, challenged his removal from service via a Writ Petition seeking records, declaration of illegality, and consequential benefits. The court disposed of the petition, giving liberty to the petitioner to approach the competent authority for alternative remedies.
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THE HON’BLE SRI JUSTICE G. CHANDRAIAH
WRIT PETITION NO.5873 OF 2010
ORDER:
This writ petition is filed seeking to issue writ of Mandamus calling for the entire records relating to the impugned proceedings, dated 02.12.2009, of respondent No.3 and declare the same as illegal, arbitrary and contrary to law and set aside the above impugned proceedings and further direct the respondents to pay all consequential and attendant benefits to the petitioner.
2. The case of the petitioner is that he was appointed in respondent No.3 College as contingent employee on 05.01.1984 and thereafter, promoted as Attender on 08.08.1988 and subsequently promoted as Record Assistant on 05.07.1992 and further promoted as Junior Assistant-cum-Typist on 05.03.1994. On 07.09.2009, respondent No.3 issued an order suspending the petitioner from service on the charges of dereliction of duties, absconding to the duty without any kind of leave granted, baseless and false allegations made against the management and indiscipline. Ultimately, by order, dated 02.12.2009, passed by respondent No.3, the petitioner was removed from service.
3. A counter-affidavit was filed by respondent Nos.3 and 5 stating that the petitioner has not availed the alternative remedies available to him.
4. Learned counsel for the petitioner submits that having regard to the stand taken by respondent Nos.3 and 5 in their counter-affidavit, the petitioner is prepared to avail the alternative remedies available to him.
5. Therefore, the Writ Petition is disposed of giving liberty to the petitioner to avail the alternative remedies available to him in
accordance with law before the competent authority. There shall be no order as to costs.
___________________________ JUSTICE G. CHANDRAIAH 15th November, 2011 Note:- Furnish C.C. within three days. B/O AMD
THE HON’BLE SRI JUSTICE G. CHANDRAIAH
WRIT PETITION NO.5873 OF 2010
Date:15.11.2011
AMD
1 issue framed by the court
Whether to issue Writ of Mandamus for records, declare impugned removal proceedings illegal, and direct payment of consequential benefits.
Petitioner
Respondent Nos.3 and 5
G. CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
