P. SRINIVASU Vs. KANDLA PORT TRUST AND OTHERS

JUDGEMENT

(1.) Heard learned advocate Mr.M.S. Rao for the petitioner and learned advocate Mr.Dhaval Vyas for the respondent - Kandla Port Trust and its authorities.

(2.) By filing the present petition under Article 226 of the Constitution, the petitioner has sought to challenge order dated 17th November, 2016 passed by the Chairman and Appellate Authority of the respondent - Kandla Port Trust placing the petitioner under suspension. Further called in question are the Memorandums dated 17th February, 2017 and 16th May, 2017 whereby the suspension came to be extended for a further period of 90 days respectively under the provisions of Kandla Port Trust Employees (Classification, Control & Appeal) Amendment Regulations, 2004. The petitioner has further prayed to command the respondent to permit him to resume his duties as Superintendent Engineer (Electrical) in the Mechanical Engineering Department of Kandla Port Trust at Gandhindam where he was serving, and to regularise the period of suspension.

(3.) The attendant facts may be noted in brief. The petitioner joined services in April, 2015 as Superintendent Engineer (Electrical) . It appears that the contractor named M/s.Rajdeep Electricals Private Limited was engaged for operation and maintenance of electrical equipments. On account of unsatisfactory performance by the said contractor in doing the contracted work, the Chief Mechanical Engineer, Kandla Port Trust (KPT) issued show-cause notice dated 13th June, 2016 to the contractor whose contract subsequently came to be terminated and banned for a period of three years. In this, the petitioner also faced allegations for which complaint/First Information Report before the police was registered against the petitioner for committing illegalities and irregularities.