WA/2518/2005 of M/s. Electronics Corporation of India Limited, Vs N. Vijaya Kumar on 27 December 2005

THE HON'BLE MR JUSTICE B.PRAKASH RAO

and

THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT APPEAL NO.2518 of 2005

23[rd] December 2005

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated29.11.2005 in W.V.M.P.NO.2697 OF 2005 and W.P.M.P.NO.21309 OF 2005 inW.P.NO.16764 OF 2005 on the file of the High Court.)

Between:

1 M/s. Electronics Corporation of India Limited, Rep. by its Chairman & Managing Director, Moula Ali, Hyderabad.

2 The Chairman & Managing Director, M/s. Electronics Corporation of India Limited, Moula Ali, Hyderabad.

3 The General Manager, Information, Technology and Telecommunication Group, M/s. Electronics Corporation of India Limited, Moula Ali, Hyderabad.

4 C. Venkat Rao Personnel Manager, FAC/Enquiry Officer, E.C.I.L. Moula Ali, Hyderabad.

...APPELLANTS

AND

N. Vijaya Kumar S/o. Lakshmaiah, R/o. 12-1-505, GF-5, Om Sri Sai Apartments,Lakshmi Nagar, Lalapet, Secunderabad.

...RESPONDENTS

THE HON'BLE MR JUSTICE B.PRAKASH RAO

And

THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT APPEAL NO.2518 OF 2005

JUDGMENT:(Per the Hon’ble Mr Justice B.Prakash Rao)

Heard both the sides. At their request, the Writ Appeal itself is taken up for disposal.

The appellants/petitioners filed this appeal seeking to assail the order dated29.11.2005 in W.V.M.P.No.2697 of 2005 and W.P.M.P.No.21309 of 2005 inW.P.No.16764 of 2005 making the interim suspension passed earlier as absolute.

The learned counsel for the appellants submits that even though the interim orderwas granted in their absence, subsequently they filed vacate stay application andthe same was not considered in proper perspective. Now the same was notconsidered on merits.

The learned counsel for the respondents submitted that having regard to the factsand circumstances, the learned Single Judge made the interim suspension as Having heard the counsel on either side and on perusal of the material available onrecord, as suggested by both the sides, there being no consideration on merits,especially in regard to the pleas and objections raised by the appellants in theircounter at the time of making the interim suspension absolute, it is felt moredesirable to serve the interests of justice to give one more opportunity for freshconsideration and dispose of on merits after hearing both the sides.

The Writ Appeal is accordingly allowed. No costs.

Office to post the vacate stay application before the learned Single Judge next week.

_________________(B.PRAKASH RAO, J)

23[rd] December 2005RRB

___________________(DR G.YETHIRAJULU, J)