K DHIKPATHY Vs. CHAIRMAN CHENNAI PORT TRUST

JUDGEMENT

(1.) IN all the writ petitions, have challenged the respective impugned orders passed by the 1s, placing, under suspension. Since the issues involved are one, the same, all the writ petitions are dealt with together by a common order. The petitioner in W.P. No. 18507 of 2000 was working as Traffic Manager in the 1st respondent Port Trust when he was placed under suspension by the impugned order of the 1st respondent. The petitioner in W.P. No. 18511 of 2000 was working as Chief Mechanical Engineer in the 1st respondent Port Trust when he was placed under suspension by the impugned order of the 1st respondent and the petitioner in W.P. No. 18512 of 2000 was working as Financial Adviser and Chief Accounts Officer in the 1st respondent Port Trust when he was placed under suspension by the impugned order of the 1st respondent. The issues raised and the reliefs sought for in all the three writ petitions are one and the same and therefore the averments made in W.P. No. 18507 of 2000 are dealt with as follows :-

(2.) IT is the case of the petitioners that in accordance with the decision taken by the Export Promotion meet held in Madras Port Trust on 27-5-94 by the Cabinet Secretary, Government of India, to encourage berth reservation scheme implemented as is being done in Bombay and as directed by the Joint Secretary, Ministry of Surface Transport, a note was prepared for the said purpose by the Marketing Manager of the 1st respondent Port Trust on 4-7-94.

(3.) HOWEVER, the High Court in W.P. No. 1382 of 1998 by order dated 17-3-99 set aside the order of suspension. When the first accused was suspended on 23-9-96, the 1st respondent did not consider as necessary to place the petitioners namely accused 2 to 4 in the said case under suspension. HOWEVER, by the impugned order dated 24-10-2000 the petitioners were placed under suspension by the 1st respondent by virtue of the power conferred under Regulation 7(1)(b) and (c) of the Madras Port Trust Employees (Classification, Control and Appeal) Regulations, 1988 hereinafter called as "The Regulations". The above orders of suspension are the subject matter in these writ petitions.