Manoj Kumar Yadav v. The Chairman, (Cbic)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.Nos. 22312, 23727, 21847 & 21858 of 2019 and W.M.P.Nos. 21612 to 21614, 21616, 23590, 23591, 23593, 23594, 21064, 21065, 21067, 21069, 21076, 21079, 21081 & 21082 of 2019 W.P.No. 22312 of 2019 1.Manoj Kumar Yadav 2.M.P.Chandrasekar 3.Pankaj Kumar 4.Shashi Kumar Mishra 5.Anuj Kumar 6.Amit Kumar Lal 7.Sudhanshu Kumar 8.Avinash Kumar Keshari 9.Ashish Kumar 10.Samir Deb Roy 11.Mahesh Kumar Singh 12.R.Murali Krishnan 13.R.Aravindan 14.R.Muthumani 15.Aseem Koraliyadan 16.M.V.Ravish 17.Anup Kumar Gupta 18.Pravin Kumar 19.R.Sathya Rajan 20.V.Hani 21.K.Chitra (Withdrawn vide order dt. 17.12.19) 22.C.Swaminathan 23.Jitendra Kumar Dhiman 24.K.A.Benny 25.M. Senthil Kumar 26.N.Deepika 27.A.G.M. Selvanayagam 28.S.Neethisolan 29.J.Dilip Kumar 30.S.Rajesh Kanna 31.P.Gobi

32.K.Harikumar 33.C.Navanetha Krishnan 34.M.Dharmaraj 35.K.Karthikeyan Vs 3.The Principal Chief Commissioner of GST and Central Excise, Tamil Nadu and Puducherry Zone, 26/ 1, Mahatma Gandhi Road, Nungambakkam, Chennai - 600034.

4.The Registrar Chennai - 600104.

W.P.No.23727 of 2019 1.Ajay Kumar 2.Manikandan.K 3.Harikrishna Aenpothula.R.

4.Krishnan P.Nair 5.Braj Kishor Singh 6.Surjeet Kumar 7.Amit Sahu 8.Aashish Chandra Bhadani 9.Brijesh Kumar Yadav 10.Mrigank Chandra 11.Bikash Chandra Mahato 12.Vikash Kumar 13.MD. Mustaqueem Alam 14.Rajakumaran MD 15.Karthick.S 16.Mahendra Kumar 17.Amit Kumar Kushwaha 18.R.Harini

19.Ramesh Prasad 20.Gaurav Vishal 21.Mukesh K.R.Burnwal 22.Rajiv Kumar 23.Malligarjunan.M.

24.Priyadharshini.A.M.

25.Satish Kumar Suman 26.Uday Kumar 27.Anand Kumar Sahu 28.Krishna Kumar (Writ Petitioners 1,5,6,7,9,10,17,22,25 withdrawn vide order dated 14.2.2020) Vs 3.The Principal Chief Commissioner of GST and Central Excise, Tamil Nadu and Puducherry Zone, 26/ 1, Mahatma Gandhi Road, Nungambakkam, Chennai - 600034.

4.The Registrar Chennai - 600104.

W.P.No.21847 of 2019 1.Santhosh Kumar Tiwari 2.N.C.Suresh 3.Pankai Kumar 4.Raj Kumar 5.Bibhuti Bhusan Subudhi 6.Prabhat Kumar 7.Mukesh Kumar 8.Rajesh Ranjan 9.M.Pirithivi Rajan 10.T.Lenin

11.Prodip Biswas 12.P.S.Sreekanth 13.S.S.Anesh Kumar 14.E.Murali 15.A.Anbarasan 16.V.John Christopher 17.A.Velu 18.S.Sandhya 19.I.Uma 20.N.Vengatesan 21.A.George 22.R.Meenakshi Sundaram 23.N.Anthony Joseph 24.P.S.Ekambaram 25.S.P.Gopinath Vs 3.The Commissioner of Customs, Chennai Customs Zone (COMMRTE) VIII, Custom House, No.60 Rajaji Salai, Chennai -1. 4.The Registrar, Chennai 600 104.

W.P.No.21858 of 2019 1.James Selvakumar 2.V.Saravana Rajan 3.V.Suresh Kumar 4.S.John De Platto 5.M.Vinodh Kumar 6.T.Lingeshwaran 7.T.P.Sivabalan 8.A.Vikram

9.I.Yuvaraj 10.B.Krishnamurthy 11.N.Arunkumar 12.T.Rajesh 13.C.Suresh Babu 14.S.Mythili 15.K.Kadiravan vs 3.The Commissioner of Customs, Chennai Customs Zone (COMMRTE) VIII, Custom House, No.60 Rajaji Salai, Chennai -1. 4.The Registrar, Chennai 600 104.

Prayer in W.P.No. 22312 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to Notice dated 24.07.2019 issued by the 4th respondent Tribunal in O.A.No. 310/ 975/ 2019 and quash the same in so far as the Tribunal has declined the grant of Interim Order and Order No.F.No. A.32018/ 37/ 2017-AD.III.A dated 01.07.2019 issued by the 2nd respondent and to quash the same and forbear the respondents from reverting the petitioners from the post of Inspector of Central Excise.

Prayer in W.P.No. 23727 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to notice dated 07/08/2019 issued by the 4th respondent tribunal in O.A.No.310/1061/2019 and quash the same in so far as the Tribunal has declined the grant of interim order and order No.F.No.A.32018/37/2017-Ad III.A dated 01/07/2019 issued by the 2nd respondent and to quash the same and forebear the respondents from reverting the petitioners from the post of Executive Assistants of Central Excise.

Prayer in W.P.No. 21847 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to Notice dated 11/07/2019 issued by the 4th respondent Tribunal in O.A.No.310/872/2019 and quash the same in so far as the Tribunal has declined the grant of interim order and order No.F.No.A.32018/37/2017 - Ad.III.A dated 01/07/2019 issued by the 2nd respondent and to quash the same and forebear the respondents from reverting the petitioners from the post of Inspector (Examiner).

Prayer in W.P.No. 21858 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to Notice dated 11/07/2019 issued by the 4th respondent Tribunal in O.A.No.310/873/2019 and quash the same in so far as the Tribunal has declined the grant of interim order and order No.F.No.A.32018/37/2017 - Ad.III.A dated 01/07/2019 issued by the 2nd respondent and to quash the same and forebear the respondents from reverting the petitioners from the post of Inspector (Preventive Officer).

For Petitioners ..

Mr.R.Chandrasekaran in W.P.Nos.22312 and 23727 of 2019 Mr.Giridhar in W.P.Nos.21847 and 21858 of 2019 For Respondents ..

Mr. V.Sundareswaran for R1 to R3 in W.P.Nos.21847 and 21858 of 2019 Mr.Rajnish Pathiyil for R1 to R3 in W.P.Nos.22312 and 23727 of 2019 R4 - Tribunal in all the W.Ps COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) In all these writ petitions, the petitioners are aggrieved with the non-granting of the interim order. Upon hearing, this Court has granted an interim order.

2.Mr.V.Sundareswaran, learned counsel appearing for the Department of Revenue submitted that all these matters along with interim orders may be directed to be posted before the Principal Bench of the Central Administrative Tribunal at New

Delhi. He also showed a copy of the order passed by the Principal Bench and the instructions from the Department in this regard.

3.In such view of the matter, the interim orders granted by this Court are made absolute, making it clear that they would continue till the disposal of the Original Applications. All the Original Applications which are otherwise pending before the Central Administrative Tribunal, Chennai Bench are directed to be transferred and posted along with the pending matters before the Principal Bench, Central Administrative Tribunal, New Delhi. 4.Learned counsel appearing for the petitioners in W.P.No.23727 of 2020 submits that the writ petition may be dismissed as withdrawn in respect of petitioner Nos.21, 26 and 28 and he has also filed W.M.P.Nos.11764 to 11767 of 2020, seeking permission to withdraw the writ petition by those petitioners.

5.In view of the above, W.P.No.23727 of 2020 stands dismissed as withdrawn insofar as petitioner Nos.21, 26 and 28 are concerned and W.M.P.Nos.11764 to 11767 of 2020 are ordered as prayed for.

6.With the above direction, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To

3.The Principal Chief Commissioner of GST and Central Excise, Tamil Nadu and Puducherry Zone, 26/ 1, Mahatma Gandhi Road, Nungambakkam, Chennai - 600034.

4.The Registrar Chennai - 600104.

5.The Commissioner of Customs, Chennai Customs Zone (COMMRTE) VIII, Custom House, No.60 Rajaji Salai, Chennai -1. +4cc's to Mr.Chandrasekaran, Advocate, S.R.No.26876,26875,26874,26873 +2cc's to Mr.Sundareswaran, S.R.No.25929,26001 W.P.Nos. 22312, 23727, 21847 and 21858 of 2019 KKV/18/08/2020