LAWS(APH)-2000-2-64

SARAYYA Vs. NIZAM SUGARS LTD

Decided On February 02, 2000
SARAYYA Appellant
V/S
NIZAM SUGARS LTD. Respondents

JUDGEMENT

(1.) Impugning the judgment dated September 22, 1999 passed by a learned single Judge of this Court in Writ Petition No. 19085 of 1999, the present Writ Appeal is filed.

(2.) The undisputed factual matrix in this Writ Appeal is that the respondents have removed the appellant herein from service for certain allegations of misconduct committed by him during his tenure of service. The appellant challenged the order of removal in Writ Petition No. 8309 of 1994. By order dated August 6, 1997, the learned single Judge after appreciating various contentions advanced by the learned Counsel for the parties, allowed the Writ Petition in part and remitted the matter to the Disciplinary Authority (Sub-Committee of Directors) to consider the Enquiry Officer's Report and the explanation/comments of the writ petitioner in relation thereto and to pass appropriate orders thereon based on the material already on record after affording an opportunity of being heard to the writ petitioner. The impugned order of the Disciplinary Authority dated December 1, 1993 removing the petitioner from service and the consequential office order dated December 30, 1993 as also the order of the Appellate Authority (Board of Directors) dated September 2, 1994 affirming the order of the Disciplinary Authority were set aside by the learned single Judge. Till final orders are passed by the Disciplinary Authority, status quo, as on the date of the order with regard to continuance of the writ petitioner in service was ordered to continue. It would be appropriate to extract in verbatim the operative portion of the order which reads thus: ".....

(3.) In Writ Appeal No. 942 of 1997 against the order dated August 6, 1997 in Writ Petition No. 8309 of 1994 the Division Bench observed: