Cotton Corporation Of India v. K. Nagamangeswara Rao

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M.GANGA RAO WRIT APPEAL No.1222 OF 2018 JUDGMENT: (Per Hon'ble Sri Justice Sanjay Kumar) The Cotton Corporation of India Limited and its General Manager, Branch Office at Warangal, filed this Writ Appeal aggrieved by the order dated 10.04.2018 passed by a learned Judge of this Court in I.A.No.1 of 2018 in W.P.No.27405 of 2016. By the said order, the learned Judge refused to grant extension of time to comply with his directions in W.P.No.27405 of 2016, which was disposed of vide order dated 06.09.2016.

Perusal of the order dated 06.09.2016 reflects that the learned Judge was of the opinion that the Cotton Corporation of India Limited should complete the disciplinary enquiry initiated against the writ petitioner pursuant to the charge memo issued on 17.05.2016 and accordingly disposed of the Writ Petition giving four months' time to do so from the date of receipt of a copy of the order. It appears that the writ petitioner thereupon filed a review petition in WPMP No.46021 of 2016 in the Writ Petition seeking review of the order dated 06.09.2016. The said review petition was dismissed by the learned Judge on 19.07.2017. Citing pendency of the review petition as a ground, the appellants herein filed the extension petition seeking a further three months' time to complete the disciplinary enquiry as ordered by the learned Judge.

Having heard Sri Gade Praveen Kumar, learned counsel representing Sri A.K.Jayaprakash Rao, learned counsel for the appellants, and Sri C.Srinivasa Baba, learned counsel for the respondent-writ petitioner, we are of the opinion that the appellants

were justified in not taking further steps during the pendency of the review petition notwithstanding the fact that there was no stay granted therein. We are inclined to accept the plea for extension of time to comply with the order initially passed in W.P.No.27405 of 2016.

The Writ Appeal is accordingly allowed granting one month time from today to the appellants to complete the disciplinary proceedings against the respondent-Writ Petitioner. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ SANJAY KUMAR, J ____________________ M. GANGA RAO, J 18th September, 2018 sur