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Judgment
Mr. N. Kirubakaran, J. - The petitioner has approached this court seeking Writ of Mandamus directing the first respondent to decide the preliminary issue regarding fairness of the enquiry at the first instant and to permit the petitioner to cross examine the second respondent on the proof affidavit dated 24.05.2016 in Approval Petition No. 314 of 2015 filed by the second respondent or eschew the proof affidavit.
2.The second respondent was working as a courier and he was charge-sheeted for certain mis-conduct through charge sheets dated 24.07.2013 and 31.10.2013. After domestic enquiry, it was found that the second respondent was guilty and after issuing second show cause notice, the second respondent was dismissed on 30.05.2015. Since the general demands were pending before the first respondent, an Approval Petition was filed seeking approval of dismissal and the same was numbered as A.P. No. 314/2015.
3.The petitioner filed a memo before the first respondent on 11.04.2016 to know as to whether the second respondent is challenging the fairness of the domestic enquiry and if so, to decide the same as preliminary issue. The memo followed by another letter dated 20.04.2016. Thereafter, on 24.05.2016, the second respondent filed proof affidavit in the Approval Application, wherein he challenged the fairness of the enquiry. In view of that, the petitioner filed a memo on 16.06.2016 requesting the first respondent to decide the fairness of the enquiry as a preliminary issue. However, till date, the first respondent has not taken the issue on validity of the enquiry. Hence, this writ petition.
In the vacate stay petition, in paragraph 3 and 4, the second respondent has stated that the fairness of domestic enquiry would be taken up as a preliminary issue. The relevant portion is extracted as follows -
"3. I state that the 2nd respondent is ready and willing to be cross examined on the proof affidavit filed by me.
I state that the fairness of the domestic enquiry also can be taken as the preliminary issue to be decided by the 1st respondent."
Since the second respondent himself conceded the prayer sought for by the petitioner, the first respondent is directed to take up the issue of fairness of enquiry as preliminary issue, as expeditiously as possible.
With the above direction, this Writ Petition is disposed. No costs. Consequently connected Miscellaneous Petition is also closed.