P.Prem Kumar v. The Executive Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2024

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P. No. 31438 of 2018 P. Premkumar ... Petitioner Vs.

1.The Executive Director (RS) & Competent Disciplinary Authority, Indian Oil Corporation Ltd., Southern Regional Office, 139, Uttaamar Gandhi Salai, Chennai - 600 034.

2.The General Manager (HR), Indian Oil Corporation Limited, No.139, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

... Respondents Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records pertaining to the issue of the impugned order Ref.No.HR/IR/1461/1014 dated 19.09.2018 passed by the first respondent and quash the same.

For Petitioner : Mr. G. Mutharasu For Respondents : Ms. V.M. Sreenidhi 1/4

O R D E R

This Writ Petition has been filed against the order passed by the first respondent dated 19.09.2018, wherein, the first respondent has imposed a punishment of reduction of basic pay by two stages with cumulative effect against the petitioner.

2. During the course of hearing of this writ petition, the learned Standing Counsel appearing for the respondents, based on the averments made in the counter affidavit filed by the respondents would submit that, against the order of the first respondent dated 19.09.2018, the petitioner has preferred an appeal before the Appellate Authority on 18.11.2018. Thereafter, the Appellate Authority has passed orders on 28.02.2019 confirming the order of the competent Disciplinary Authority and now, the order of the Appellate Authority is under challenge in this writ petition in W.P. No.11808 of 2019.

3. In view of the same, the learned Standing Counsel submits that nothing survives in this writ petition for further adjudication.

4. On perusal of the material available on record and as per the contention of the learned Standing Counsel, as and when the order is under challenge in this 2/4

present writ petition is the subject matter of the appeal before the Appellate Authority and the said appeal was disposed by passing order and it is under challenge before this Court in W.P. No.11808 of 2019, in the considered opinion of this Court, nothing survives for adjudication and this writ petition has become infructuous.

5. Accordingly, this Writ Petition is dismissed as infructuous.

6. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

10.12.2024 Index :Yes/No AT To 1.The Executive Director (RS) & Competent Disciplinary Authority, Indian Oil Corporation Ltd., Southern Regional Office, 139, Uttaamar Gandhi Salai, Chennai - 600 034.

2.The General Manager (HR), Indian Oil Corporation Limited, No.139, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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BATTU DEVANAND, J.

AT W.P. No. 27039 of 2018 and W.M.P. No. 31438 of 2018 10.12.2024 4/4