SURENDRAN P.A. Vs. ITI LIMITED

JUDGEMENT

(1.) THE petitioner who is a last grade employee in the service of the respondent Company, is challenging the correctness and sustainability of Ext.P10 order of suspension imposed as a punishment, in respect of the alleged misconduct, which is stated as proved.

(2.) DURING the pendency of the above writ petition, the petitioner was permitted to report for duty at the cite of respondent company at Lucknow, as per Ext.P12 produced along with I.A.No.12525/2012. The transfer was intercepted as per interim order dated 19.09.2012, ordering the respondents to maintain 'status quo', which was being extended as per the relevant orders. The learned counsel for the petitioner submits that the suspension itself is not sustainable either on facts or in law and that the petitioner is innocent of the offence alleged against him. It is only to harass the petitioner further, for having filed the present writ petition that, he has been caused to be transferred from Palakad to Lucknow vide Ext.P12.

(3.) WITH reference to the memo dated 8.10.2012, filed on behalf of the respondents, the learned Standing Counsel submits that the petitioner has not been subjected to any discriminatory treatment and that, all other similar workers have also been sent to different projects, by turn, so as to meet the exigency of service and that the posting ordered as per Ext.P12 is only for a period of two months, after which the petitioner will be brought back to the Company's Unit at Palakad and will continue there on the rolls of Palakad Unit. The learned counsel further submits that, the temporary shifting is in connection with the Socio- Economic Caste Census Project (SECC) and that the works in all other states are over. Reference is also made to copies of different orders produced as Annexure B, C and D, deputing similar workers to Lucknow and such other places in connection with the project and all such workers have been brought back to the unit at Palakad. It is also stated that the respondents do not have any plant or Unit in Lucknow.