N.Jayapal v. The Management Of Bharat Heavy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N. SESHASAYEE W.A.No.3718 of 2019 N.Jayapal ..

Appellant/ Petitioner Vs 1.The Management of Bharat Heavy Electricals Ltd.

Represented by its Chariman & Managing Director Tiruchirappalli - 14.

2.The General Manager Personnel & Administration Bharat Heavy Electricals Ltd Tiruchirappalli - 14.

3.The Chief Security Officer Bharat Heavy Electricals Ltd Tiruchirappalli - 14.

..

Respondents/ Respondents Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 18.07.2001 made in W.P.No.9001 of 1991. Prayer in W.P.No.9001 of 1991:

Writ Petition filed under Article 226 of the Constitution of India Praying for issuance of a Writ of Ceritorari calling for the records of the respondents in connection with the proceedings of the 3rd respondent in Ref .No.BP/P2/2176866 dated 30.01.1991 and the consequent appellate order of the second respondent bearing Ref.no.BP/P2/2176866 dated 19.03.1991 quash the same and direct the issue of appropriate direction as this Court deem fit.

For Appellant :

Mr.V.Prakash, Senior Counsel for Ms.M.Karthikeyani For Respondents :

Mr.A.V.Arun for R1 ****** https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of the Court was made by M.SATHYANARAYANAN, J] Punishment of reduction in scale imposed by the second respondent was put to challenge in W.P.No.9001 of 1991 and the writ petition also came to be dismissed on 18.07.2001 and aggrieved by the same, the present appeal was preferred on 29.10.2001 and came to be numbered on 05.11.2019. The writ petitioner was aged about 34 years at the time of filing the writ petition and he also retired from service and he is now aged about 62 years.

2. This Court heard the submissions of Mr.V.Prakash, learned Senior Counsel assisted by Ms.M.Karthikeyani, learned counsel appearing for the petitioner and also perused the materials placed before it.

3. In the light of the passage of time and especially, taking into account the fact that the punishment of reduction is worked out itself and that the petitioner is also attained the age of superannuation and retired from service and he is now aged about 62 years, this Court is of the considered view that no adjudication is required in the light of the said development.

4. In the result, this Writ Appeal is dismissed confirming the order dated 18.07.2001 made in W.P.No.9001 of 1991. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vsm To, 1.The Management of Bharat Heavy Electricals Ltd.

Represented by its Chariman & Managing Director Tiruchirappalli - 14.

2.The General Manager Personnel & Administration Bharat Heavy Electricals Ltd Tiruchirappalli - 14.

3.The Chief Security Officer Bharat Heavy Electricals Ltd Tiruchirappalli - 14.

W.A.No.3718 of 2019 A.SK(02/01/2020) https://hcservices.ecourts.gov.in/hcservices/