N. Murugaiah vs The District Manager

M.M. Sundresh, J.—The petitioners are erstwhile employees of the respondent. The grievance of the petitioners in both the writ petitions is that without conducting any enquiry in accordance with law, they have been removed from service.

Both the learned counsel appearing for the parties submitted that the order passed by this Court in W.P. Nos.12159 and 12222 of 2009 dated 05.10.2009 is applicable to the case on hand. In the above said writ petitions, this Court has passed the following order:

The learned counsel for the petitioners submitted that admittedly no enquiry was conducted and no show cause notice was given to the petitioners. Thereafter, the petitioners were removed from service without passing any written order. It is further submitted that the order of termination cannot be made orally without even a proper enquiry and therefore, the petitioners are reinstate into service without going to the merits of the case.

This Court is of the opinion that the representations of the petitioner in W.P. No.12159 of 2009 dated 09.08.2005, 17.05.2007 and 21.01.2009 as well as the representations of the petitioner in W.P. No.12222 of 2009 dated 10.01.2006, 02.03.2006, 10.05.2006, 09.04.2007, 10.10.2007 and 19.01.2008 respectively will have to be considered by the respondent. While considering the said representations the respondent is directed to take into consideration that identically placed persons like the petitioners with the same charges have been taken into service by the respondent. The respondent is directed to pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

However, the learned counsel appearing for the respondent submitted that the petitioners may be directed to give one more representation to be considered in the light of the order passed by this Court referred to above.

Considering the submission made, the petitioners are directed to give another representation to the respondent within a period of two weeks from the date of receipt of a copy of this order. As and when the representations are received from the petitioners, the respondent shall pass appropriate orders on the same within a period of four weeks thereafter in the light of the decision referred to above. The writ petitions are disposed of accordingly. However, there is no order as to costs.