INDIAN IMMUNOLOGICALS LTD Vs. NARENDRA AGRAWAL

JUDGEMENT

(1.) Heard learned senior Counsel Sri C.R.Sridharan for learned counsel for appellants Sri G.V.S.Ganesh, first respondent in person, Mrs Anjali Agarwal, learned counsel for second respondent and Sri Namavarapu Rajeshwar Rao, learned Assistant Solicitor General for third respondent.

(2.) Before recording rival contentions, the litigative history leading to the filing of this writ appeal is noted hereunder:

(3.) Learned senior counsel reiterated the submissions urged before the learned single Judge on the issue of maintainability of the writ petition. According to learned senior counsel, as first respondent was terminated from service by an order of competent authority, writ of mandamus is not maintainable and aggrieved person has to file writ petition praying to issue writ of certiorari challenging the decision to terminate the first respondent and calling for records of the decision and to seek setting aside the said decision. He would submit that learned single Judge erred in brushing aside the objection on maintainability of writ petition in the form of mandamus. The Court can mould the relief only after it has reached particular stage of accepting the prayer of the petitioner and in the peculiar facts of a given case to consider what relief can be granted. At that stage, Court need not grant the prayer sought and Court can mould the relief to suit the particular situation of a case and to give quietus to the litigation. Therefore, moulding of relief would arise only when the writ petition is maintainable. As writ petition to grant writ of mandamus is not maintainable, the question of moulding of relief does not arise.