Mrs.Geetha Kuppan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.No.1 of 2015 Mrs.Geetha Kuppan ... Petitioner Vs.

1. The Managing Director,

2. The General Manager (Personnel),

3. The Deputy General Manager (Personnel), ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings bearing No.CWC/I.8343/Estt./724D dated 17.03.2015 on the files of the 3rd respondent and quash the same and consequently direct the respondents to reinstate the petitioner into the services with all attendant

benefits.

For Petitioner : M/s.Rita Chandarsekar For Respondents : Mr.Avinash Wadhwani

O R D E R

This Writ Petition has been filed questioning the proceedings bearing No.CWC/I-8343/Estt./724D dated 17.03.2015, whereby the services of the petitioner were terminated in exercise of powers under Regulation 20(ii)(d) of the CWC (Staff) Regulation, 1986, consequent upon the conviction of the petitioner under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988 in C.C.No.26 of 2009 on the file of the Court of CBI, Chennai by an order dated 30.12.2014, convicting the petitioner and sentencing her to undergo imprisonment for a period of two years. Though the petitioner claimed to have filed an appeal against the said judgement dated 30.12.2014 and the sentence was suspended by this Court in Crl.A.No.38 of 2015 by an order dated 21.01.2015, the conviction suffered by the petitioner is in operation and the said criminal appeal is stated to be pending before this Court as on date. So long as the said conviction stand, the question of interfering with the impugned order does not arise.

2. In the circumstances, this Court does not deem it fit to examine this writ petition on merits at this stage and the same is accordingly dismissed. However, in case, if the conviction suffered by the petitioner is set aside by this Court in Crl.A.No.38 of 2015, it is open to the petitioner to seek re-opening of this Writ Petition, or to file a fresh writ petition. There shall be no order as to costs. Connected Miscellaneous Petitions, if any shall stand closed.

11.09.2024 skr (1/2) Index : Yes / No Speaking order / Non-speaking order To

1. The Managing Director,

2. The General Manager (Personnel),

3. The Deputy General Manager (Personnel),

MUMMINENI SUDHEER KUMAR, J.

skr

11.09.2024 (1/2)