In the High Court of Judicature at Madras
Dated : 05.02.2002
Coram :
The Honourable Mr.Justice R.Jayasimha Babu
and
The Honourable Mr.Justice F.M.Ibrahim Kalifulla
Writ Petition No.13243 of 2001
The Commissioner,
Karambakudi Panchayat Union,
Karambakudi,
Pudukottai District. Petitioner
vs.
1. N.Balasubramanian,
4/14-H Main Road,
Malaiyur,
Alangudi Taluk,
Pudukottai District, 622 306.
2. The Registrar,
Tamilnadu Administrative Tribunal,
Chennai 104.
Respondents
Writ Petition under Article 226 of the Constitution of
India for the issue of writ of certiorari and as stated within.
For Petitioner : Mr.C.Kalaichelvan, for
Mr.N.S.Mukundan
For Respondent 1 : No appearance
: ORDER
(Order of the Court was made by F.M.Ibrahim Kalifulla, J.)
This is a case of one other example of a case
where the Tribunal totally failed to apply its mind while granting
an interim order. In this case the Tribunal has granted stay of
the order of suspension issued to the first respondent dated
17.08.2000 for his negligent conduct as a noon meal organizer in
having allowed a lizard to get mixed up with the food to be
supplied to the children studying in the panchayat school, as a
result of which the children were stated to have suffered food
poisoning and got admitted in the hospital. Unfortunately,
without realising the gravity of the misconduct committed by the
first respondent, which forced the petitioner to place him under
suspension, the second respondent Tribunal has granted the order
of stay while entertaining the O.A. Filed before it by the first
respondent.
2. In such circumstances, we, with a heavy heart, while
expressing our anguish over the manner in which the Tribunal has
passed the order of stay, hasten to set aside the order of the
Tribunal.
3. The writ petition is allowed. WMP.No.19440 of 2001 is
closed.
(R.J.B.,J) (F.M.I.K.,J.)
05.02.2002