High CourtsDivision Bench(2009) 04 KL CK 0063

Senior Deputy Accountang General (Admn.), Principal Accountant General (Audit) and Comptroller and Auditor General vs V.S. Binu

High Court Of Kerala · Decided on 6 April 2009

HON’BLE JUDGES
M.L. Joseph Francis, J · K. Balakrishnan Nair, J
RESULT
Dismissed
CASE NUMBER
WP (C) No. 10353 of 2009

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 251 words

K. Balakrishnan Nair, J.—The writ petitioners are the respondents in O.A. No. 105/2009 before the Central Administrative Tribunal, Ernakulam Bench. The applicant is facing disciplinary proceedings as well as criminal proceedings before the competent criminal court in respect of the very same incident in which he allegedly assaulted one Mr. Venugopalan Nair. The applicant moved the C.A.T. praying that the disciplinary enquiry may be stayed till the disposal of the criminal case. The Tribunal after hearing both sides passed an interim order staying the enquiry. Simultaneously, the Tribunal ordered to hear the Original Application at an early date. Aggrieved by the above interim order, this writ petition is filed.

2.

Normally, this Court will not entertain a writ petition against an interim order passed by the Tribunal. Further, since the Tribunal has decided to hear the Original Application, at an early date, the stay granted against the conduct of the disciplinary enquiry against the applicant will remain in force only for a few weeks. Therefore, no serious prejudice is caused to the writ petitioners. Therefore, it is unnecessary to entertain this writ petition. But, we clarify that the findings of the Tribunal in the interim order are only prima facie findings and at the time of final hearing, the Tribunal will deal with the contentions of the parties uninfluenced by the stand taken by it in the interim order. We hope that the Tribunal would hear the Original Application without delay.

Subject to the above observations, this Writ Petition is dismissed.