K.V.S. KRISHNAN Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) In view of the very nature of the impugned judgment under appeal before us, we are of the view that the stay application could be disposed of along with the main appeal. The appeal is taken up as on day's list for hearing. Service of notice of appeal and other formalities stand dispensed with.

(3.) The writ petitioner/appellant moved the writ application seeking writ of mandamus commanding the respondent, Coal India Limited and its officers to make necessary clarifications in terms of the demand notice dated 22nd March, 2011 served by the writ petitioner through learned Advocate. Except that prayer no other prayer was made assailing the initiation of disciplinary proceedings on the ground that it was initiated by an authority having no jurisdiction as now have been urged before us. In course of hearing of the writ application, the respondent voluntarily agreed to withdraw the memorandum namely the memorandum being the second show cause notice and on that basis Learned Trial Judge passed an order directing to serve the report of Enquiry Officer to the writ petitioner who in turn would file representation opposing it and thereafter on considering every issue appropriate order could be passed by the Disciplinary Authority.