Capt.Ganesh Dhayanithi Babu v. Air India Express Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and WMP No.13304 of 2022 Capt.Ganesh Dhayanithi Babu
...Petitioner
Vs 1.Air India Ltd., Represented by Deputy Chief Officer (Hr), 1st Floor, Old Operations Building, Air India Complex, Old Airport, Santa Cruz (East), Mumbai-400 029.
2.The Joint Director General, Office of the Director General of Civil Aviation, Civil Aviation Department, Government of India, Opposite to Safdarjung Airport, New Delhi-110 003.
3. The Director General of Civil Aviation, Office of the Director General of Civil Aviation, Civil Aviation Department, Government of India, Opposite to Safdarjung Airport, New Delhi-110 003.
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4. The Director General, Aircraft Accidents Investigation Bureau (Aaib), Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110 003
5. The Secretary to Government of India, Ministry of Civil Aviation, B-Block, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110 003.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent relating to the impugned show cause notice dated 09.05.2022 in Ref.No.AIX/76087/918 and the impugned charge sheet dated 13.05.2022 in Ref No.AIX/76087/1087, quash the same and consequently direct the first respondent herein to reinstate the petitioner in service with all financial and all other attendant service benefits to which the petitioner is entitled to in the normal course and under law.
For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.Sathish Parasaran Senior Counsel for Mr.N.G.R.Prasad for R.1 Mr.V.Ashok Kumar CGC For R.2 to R.5 2/4
ORDER
In view of the decision of the Bombay High Court in the case of R.S.Madireddy and another vs Union of India and others reported in (2022) SCC Online Bom 2657 and the catena of judgments of the Hon'ble Supreme Court, the writ petition filed against the first respondent, which is a public limited company is not maintainable. Hence, the writ petition is dismissed as not maintainable with liberty to the petitioner to work out his remedy in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.
27.06.2023 Index:Yes/No Speaking order/Non-speaking order sr To 1.Air India Ltd., Represented by Deputy Chief Officer (Hr), 1st Floor, Old Operations Building, Air India Complex, Old Airport, Santa Cruz (East), Mumbai-400 029.
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M.S.RAMESH,J., sr 2.The Joint Director General, Office of the Director General of Civil Aviation, Civil Aviation Department, Government of India, Opposite to Safdarjung Airport, New Delhi-110 003.
3. The Director General of Civil Aviation, Office of the Director General of Civil Aviation, Civil Aviation Department, Government of India, Opposite to Safdarjung Airport, New Delhi-110 003.
4. The Director General, Aircraft Accidents Investigation Bureau (Aaib), Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110 003
5. The Secretary to Government of India, Ministry of Civil Aviation, B-Block, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110 003.
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