✦ High Court of India · 22 Sep 2025

The High Court · 2025

Case Details High Court of India · 22 Sep 2025
Court
High Court of India
Decided
22 Sep 2025
Length
1,499 words

Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to set-aside proceedings NFCtuig./'1i01l5775120251406 dated 28.05.2025 ihrough which he was suspended from service and also proceedings Ref.NlCA/ig/1/O1tS77St2O2St412 dated 04.06.2025 by issuance of Writ, Order or Direction, more particularly one in the nature of Writ of mandamus + ? * * IANO:1OF2 o25 ' Petition under section 151 cpc praying that in the circumstances stated in the affidavit fited in support of the petitionl tu Higr, Corrt ;;t ;; pr.*"a Pending disposar of the writ petition, it is rrumuiy-prayec to this Hon,bre court to suspend proceedings NFCA/ig./1/01/5775t2025i4:O6 dated 28 05 zois irrrougn which he was suspended from ieivice and proceedings Ref NFCA/igll/01rs77sr2o2st432 dated 04 06.2o2s through wnicn cnarge ;emo was issued by the 3'd respondent. WRIT PETI Tro N NO:28673 oF 2025 Between: K. Suri Babu, S/o K NFC, R/o H.No.'1 1-3 500361. Iigl3gh, 4sed 55, occ H/A, EC No 5894, 0/0 Uop, -5641389, Parsigutta, Sanjeeva puram, SecrnO"rJO-rO AND ...PETITIONER 2 a 4 Union of lndia. Reo. bv the Secretary, Department of Atomrc Energy_cum_ Chairman, AEC, CSM'Marg, tVumOdi Chief El.cutive,-lr]yglgar f uet Comptex, Government of India, Department of Atomic Energy, ECtL post, Hvaerafal I 500 oiji.'""' " Administrative Officer/Disciolinary Authority. Nuclear Fuel Complex, ECIL Post, Hyderabad. The Honorable Cenkal Administrative. Tribunal, Hyderabad Bench, at Hyderabad, Represented oy^Trre negistr, rc.iitir1 nli, rnrstrative Tribunar Hyderabad Bench, No 511d3 tst ri"6iirncXiiirlrai'Hyo"raoad s00004 ..RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit rreo flreiewitn, the High 'cdr.t irv o" pleased to suspend proceedings NFCNig t1to1/sai,sqtzozstsqz dated 05.0s.2025 through which he was suspended irom service and also proceedings NFCA/igl101/5B94r2o2st3}6 daied 15 05.202s issulo oy tne s;-isiori".,'"ro by issuance of writ, order or Direction, ,or" pr.ttr-rrrry one in the nature of writ of mandamus and pass lA NO: 1 oF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the peiitio; ini iign court may be preased to suspend proceedings NFCA/ig./1/0i/5894r2o25}i) dated 05.d5.2025 througn which he was suspended from .uirl.e ,na also proceedings - I ) NFCA/ig/101/589412025138G dated 15.05.2025 issued by the 3'd respondent and WRIT PETITION NO: 28675 OF 2025 Between: M. Kiran Kumar, Sio- Sri M. Jagadeeshwar, Aged. 44 years, Occ 'Complex, !C No 592! ZOP (Terminated), O/o. Nuctear Fuel Hyderabad-500062. Helper/A, ECrL(Po), AND ...PETITIONER 1 2 3 4 Union of India,_Rep- by the Secretary, Department of Atomic Energy-cum- Chairman, AEC, CSA/ IVlarg, Mumbai. Chief Executive, Nuclear Fuel Complex, Government of lndia, Department of Atomic Energy, ECIL Post, Hyderabad - 500 062. Administrative Officer/Disciplinary Authority, Nuclear Fuel Complex, ECIL Post, Hyderabad. The Honorable Central Administrative Tribunal, Hyderabad Bench at Hyderabad, Represented by The Registrar Centrdl Administrative Tribunal Hyderabad Bench No 51'193'lst Floor HACA Bhavan Hyderabad 500004. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to the interest of justice, pending disposat of OA 465 of 2025 in the Hon'ble Central Administrative Tribunal, it is humbly prayed to selaside proceedings dated 14.05.2025 through which he was suspended from service and also proceedings NFCA/ig/1/011592412025t401 dated 23.05.2025 issued by the 3d respondent through, which charge memo was issued to him and by issuance of Writ, Order or Direction, more particularly one in the nature of Writ of man.damus lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend proceeciings dated 14.05.2025 through which he was suspended from service and also proceedings NFCA/ig/11011592412025/401 dated 23.05.2025 issued by the 3'o respondent through which charge memo was issued to him Counsel for the Petitioner(s):SRI. J SUDHEER Counsel for the Respondent's 1 TO 4: SRI.G.VENKATESWARULU, LEARNED STANDING COUNSEL The Court made the following: ORDER * HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY W.P.Nos.28646 28673 and28675 of 2O25 COMMON ORDER: (Per Hon'bLe Si Justice Abhinand Kumer Sh.,tuili) All these Writ Petitions are being disposed of together by \\'a] of a common order as the issue raised in all the writ J petitions is one and the same.

2. W.P.No.2E646 of '2025 is fi1ed to set asidr: suspension prcccedings, dated 28.O5.2025 and proceedings, dated

04.06.2025; W.P.No.2B673 of 2025 is hled to set aside the suspension proceedings, dated 05.05.2025 and proceedings, datcd 15.05.2025 and W.P.No.28675 of 2025 is fileC to ser aside the suspension proceedings, dated 14.O5.2025 and proceedings, darc(] 23.05.2023.

3. Heard Sri J. Sudheer, learned counsel appcaring for the petitioners and Sri G.Venkateswarulu, learned Standing Counsel for respondents

4. For the sake o[ convenienr:e, the facts in W.P.l.lo.28616 of 2025 arc herc--lrn der discussed.

5. It is case of the petitioner that the petitioner is working as a Helper and that disciplinarl. proceedings r.vere initiated against him alleging that he had submitted a false Educational Certificate at the time of securing employment. The petitioner was suspended uide proceedings dated 05.05.2025 and the disciplinary proceedings were initiated by issuing charge memo dated 15.08.2025.

6. Aggrieved by the suspension order, datcd 05.05.2O25 and also initiation of disciplinary proceedings vide proceedings, dated 15.08.2025, the petitioner had approached the Tribunal on the ground that the disciplinary action was initiated belatedly, whereas the petitioner was appointed as a Helper in the year 200 1. The Tribunal issued notice and directed the respondents to h1e reply.

7. Learned counsel for the petitioners had further contended that the Tribunal ought to have granted interim relief by staying both the disciplinary proceedings and the suspension orders. If the disciplinary proceedings are allowed to continue pending disposal of the O.As., the very purpose of filing O.As. before the Tribunal itself would be defeated. Therefore, aggrieved by non_ - granting ol inte rim stay of the disciplinary proceedings until the disposal of the O.As., the present Writ Petitions are filed. , t Learned counsel had further contended that let the disciplinary proceedrngs be stayed till the disposal of the O.As.

8. Leamecl Standing Counsel appearing lor the respondents had contended that the Tribunal had already issued notice and directed the respondents to file their response and the matters arc no\\' P.lstetl on 07.10.2025. Therefore, theri: are tlo merits in the Writ Petitions and the same are liable to be dismissed

9. This Court, hai,ing considered the rival submissions made by' botir the partics, is of the view that ends of jr.rstice would be met, if the present V/rit Petitions are disposed of, directing the Tribunal to hear and decide the stay eipplication AS expedi[iously as possible, preferably on the next date of hearing itself It is nee<1iess to say that the petitioners are at liberty to request the trr-iquiry Offrcer to defer the disciplinary proceedrngs till the stay applications are taken up by thc Tribunal 1O. With thc abovc observarions,/ directions, al1 these Writ Petitions are disposcd of. No order.is ro cosls vl\ .l As a sequel, miscellaneous applications pencling if an-v, shall stand closed. ,7 //TRUE COPY// SD/.A.V.S. PRASAD DEPUTY REGISTRAR @ SECTION OFFICER l To,

1. The Secretary, Department of Atomic Energy-cum-Chairman, AEC, CS[/l lvlarg, Union of lndia, IVlumbai.

2. The Chief Executive, Nuclear Fuel Complex, Government of lndia, Department of Atomic Energy, ECIL Post, Hyderabad - 500 062

3. The Administrative Officer/Disciplinary Authority, Nuclear Fuel Complex, ECIL Post, Hyderabad. s

4. The Registrar, Honorable Central Administrative Tribunal, Hyderabad-Bench at Hydeiabad, Central Administrative Tribunal Hyderabad Bench No 51193 1st Floor HACA Bhavan Hyderabad 500004

5. One CC to SRI. J SUDHEER Advocate [OPUC] 6. One CC to SRI.G.VENKATESWARULU, IEATNEd StANdiNg counsel Advocate [OPUC]

7. Two CD Copies r A'V HIGH COURT I t DATED:2210912025 Its r {) .) i t r, )1 (.t . .i...; \(.* \i: -, i'ir' ORDER WP.No.28646, 28673 AND 2B6tS of 2025 + k .lr * WRIT PETITION IS DISPOSED OF WITHOUT COST v 44- t: Z //" ,/< { 0

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