(1.) The Judgment of the court was delivered by Varghese Kalliath, J.- A learned Single Judge of this court has referred O.P. No. 3996 of 1992. O.P. No. 5078 of 1992 was directed to be posted along with O.P. No. 3996/92 by the same learned Judge. The facts and reliefs claimed in both the Original Petitions are identical; but petitioners are different. The same council appeared for the petitioners in the two original petitions. In fact, learned counsel did not advance any specific argument in O.P. No. 5078 of 1992. Learned counsel only argued O.P. No. 3996/92. All the references in this judgment will be only from O. P. No. 3996/92 unless specifically mentioned, for the obvious reason that O. P. No. 5078/92 has not been argued. It so done since the result of O.P. No. 3996/92 will dispose of O. P. No. 5078/92.
(2.) The learned Single Judge referred O.P.No. 3996/92 observing that a contention was raised by the Addl. Advocate General who appeared before the learned Single Judge for respondents 2 and 4 and Central Government Standing Counsel who appeared for the third respondent that this court has no jurisdiction to issue a writ of quo warranto in relation to the office held by the first respondent - a member of the Indian Administrative Service. The learned Single Judge felt some doubt and so, adjourned the cases to be heard by a Bench. As we said earlier, the other O.P. was posted by the same Judge along with the referred O.P., O.P. No. 3996/92. Thus, both the cases are now before us.
(3.) Learned counsel for the petitioner, learned Advocate General, learned counsel for the first respondent and learned Senior Central Government Standing Counsel agreed that this court has got jurisdiction to issue a writ of quo warranto in respect of the office held by the first respondent, and so, the Original Petitions are perfectly maintainable. In the light of the clear and specific submissions made by the counsel appearing for all the parties, we do not propose to examine the question whether a petition to issue a writ of quo warranto will lie with respect to the office held by the first respondent.