V GNANASEKARAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) IN W.P. No. 8404 of 1999, the writ petitioner Mr. V. Gnansekaran has prayed for the issue of a writ of mandamus forbearing the respondents from holding against the petitioner by outside agency contrary to the Government Letter dated 26 -8 -1996 made in Letter No. 1160 BPE/1995 -1. issued by the first respondent herein.

(2.) IN W.P. No. 8409 of 1990, the petitioner S. Mohan has prayed for the issue of a writ of mandamus forbearing the respondents from holding enquiry against the petitioner by outside agency contrary to the Government Letter dated 26 -8 -1996 made in Letter No. 1160 BPE/1995 -1, issued by the first respondent herein.

(3.) IN both the writ petitions the petitioners contend that the second respondent -employer has no authority to appoint an outsider as an Enquiry Officer in respect of charges framed against the respective petitioners by the second respondent -employer. The second respondent -employer after framing the charges and after receipt of reply appointed S.V. Kanakarajan, Deputy Commissioner of Labour (retired) as the Enquiry Officer to enquire into the charges framed against the writ petitioners. Challenging the said appointment of Mr. S.V. Kanakarajan. Deputy Commissioner of Labour (Retd.). as the Enquiry Officer. After raising objections, the petitioner in each of the writ petition has sought for a mandamus forbearing the second respondent -Corporation from appointing an outsider as an Enquiry Officer.