Senior Deputy Accountang General … vs V.S.Binu on 6 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10353 of 2009(S)


1. SENIOR DEPUTY ACCOUNTANG GENERAL (ADMN.)
                      ...  Petitioner
2. PRINCIPAL ACCOUNTANT GENERAL (AUDIT)
3. COMPTROLLER AND AUDITOR GENERAL

                        Vs



1. V.S.BINU, S/O.SADASIVAN,
                       ...       Respondent

                For Petitioner  :SRI.P.NANDAKUMAR, SC, IA & AD

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :06/04/2009

 O R D E R
  K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ.
                ----------------------------------------
                 W.P.(C) No.10353 OF 2009
                ----------------------------------------
            Dated this the 6th day of April, 2009

                        J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The writ petitioners are the respondents in

O.A.No.105/2009 before the Central Administrative Tribunal,

Ernakulam Bench. The applicant is facing disciplinary

proceedings as well as criminal proceedings before the

competent criminal court in respect of the very same incident in

which he allegedly assaulted one Mr.Venugopalan Nair. The

applicant moved the C.A.T. praying that the disciplinary enquiry

may be stayed till the disposal of the criminal case. The

Tribunal after hearing both sides passed an interim order

staying the enquiry. Simultaneously, the Tribunal ordered to

hear the Original Application at an early date. Aggrieved by the

above interim order, this writ petition is filed.

2. Normally, this Court will not entertain a writ petition

against an interim order passed by the Tribunal. Further, since

W.P.(C) No.10353/2009 2

the Tribunal has decided to hear the Original Application, at an

early date, the stay granted against the conduct of the

disciplinary enquiry against the applicant will remain in force

only for a few weeks. Therefore, no serious prejudice is caused

to the writ petitioners. Therefore, it is unnecessary to entertain

this writ petition. But, we clarify that the findings of the

Tribunal in the interim order are only prima facie findings and at

the time of final hearing, the Tribunal will deal with the

contentions of the parties uninfluenced by the stand taken by it

in the interim order. We hope that the Tribunal would hear the

Original Application without delay.

Subject to the above observations, this Writ Petition is

dismissed.

(K.BALAKRISHNAN NAIR, JUDGE)

(M.L.JOSEPH FRANCIS, JUDGE)

ps