D.Tata Rao v. Girijan Co-Op Corporation Ltd.,
HONOURABLE SRI JUSTICE RAJA ELANGO REVIEW W.P.M.P. No.25689 of 2017 In & and WRIT PETITION No.3741 OF 2003 ORDER:
Review WPMP No.25689 of 2017 is filed to review the order passed in WP No.3741 of 2003, dated 17.11.2015. The writ petition is filed to call for the records in Rc.No.677/ 2001.Admn.1, dated 21.12.2002, of the 2nd respondent confirming the punishment imposed by the disciplinary authority in Rc.No.677/ 2001 A1, dated 20.09.2002. While admitting the writ petition on 04.03.2003, this Court granted interim stay of the impugned proceedings and subsequently, the interim stay was made absolute vide order, dated 30.10.2003. Thereafter, on 07.11.2015, the writ petition was disposed of in terms of the interim order passed by this Court.
Now, the petitioner filed review application seeking to review order, dated 07.11.2015, passed in the writ petition. It is submitted by the learned counsel for the petitioner that in view of the order passed in the writ petition and the subsequent developments, his request for return of an amount of Rs.28,038/ - is not considered by the authorities concerned, and therefore, he requested to direct the respondents to dispose of the appeal afresh.
Heard and perused the material available on record. Considering the circumstances of the case and the grievance of the petitioner, this Court is inclined to pass the following order:
The Review W.P.M.P. No.25689 of 2017 is ordered and the order, dated 07.11.2015, passed by this Court in W.P. No.3741 of 2003 is recalled and the order passed in the appeal preferred by the petitioner against the order of the disciplinary authority is set aside. WP No.3741 of 2003 is disposed of directing the appellate authority to consider the appeal of the petitioner afresh, and pass appropriate orders.
With the above directions, the writ petition is disposed of. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________ RAJA ELANGO, J August 10, 2017 KTL