Union Of India vs F.Sebastian Titus

Kerala High Court

Union Of India vs F.Sebastian Titus on 22 May, 2024

Author: V.G. Arun

Bench: V.G.Arun

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
                                      &
                 THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
            Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                               RP NO. 773 OF 2021
(TO REVIEW THE JUDGMENT DATED 18/10/2019 IN OP(CAT) NO.3762/2013 OF THIS COURT)
  PETITIONERS/PETITIONERS:

    1. UNION OF INDIA,. REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY,
       HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600 003.
    2. CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS
       OFFICE, PARK TOWN P.O, CHENNAI-600 003.
    3. SENIOR DIVISIONAL PERSONNEL OFFICER ,SOUTHERN RAILWAY, TRIVANDRUM
       DIVISION, TRIVANDRUM-695014.



 RESPONDENTS/RESPONDENTS:

    1. F.SEBASTIAN TITUS S/O.FRANK, LOCO INSPECTOR, SOUTHERN RAILWAY,
       QUILON, RESIDING AT: SEVION, MRA-73 B, MUDACKAL WEST, KOLLAM-691
       001.
    2. K.V.MATHEW ,S/O VARGHESE, LOCO INSPECTOR, SOUTHERN RAILWAY,
       ERNAKULM, RESIDING AT KOCHUPLAMMOOTTIL HOUSE, CHENNITHALA SOUTH P.O,
       MAVELIKKARA, ALAPPUZHA-690 105.
    3. N.KARUNAKARA BHASKAR, S/O NAMBIRAJAN, LOCO INSPECTOR, SOUTHERN
       RAILWAY, TRIVNDRUM, RESIDING AT 16/21-A, VAGEYADI WEST CAR STREET,
       KOTTAR, NAGERCOIL, KANYAKUMARI-629 002.




        Review Petition praying that in the circumstances stated in the
 affidavit filed therewith the High Court be pleased to stay the Judgment
 dated 18.10.2019 in OP (CAT) pronounced by Hon'ble High Court in OP(CAT)
 3762/2013 till the disposal of the Review Petition.

      This Review petition coming up for orders on 22.05.2024, upon
 perusing the petition and the affidavit filed in support thereof, and this
 court's judgment dated 18/10/2019 in OP(CAT) No.3762/2013 and upon hearing
 the arguments of SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE and
 SRI.T.C.KRISHNA and SRI.B.RAJESH STANDING COUNSELs for the petitioners and
 of SRI.MARTIN G.THOTTAN, Advocate for the respondents, the court passed
 the following the court on the same day passed the following:
                                   V.G. ARUN, J.
                                        &
                            C.PRATHEEP KUMAR,J
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                            R.P. No. 773 of 2021 in
                          O.P(CAT)No. 3762 of 2013
                    ---------------------------------------------
                    Dated this the 22nd day of May 2024


                                     ORDER

V.G.ARUN, J Learned Senior Counsel appearing for the review petitioners submits that the matter has to be heard in detail.

2. It is pointed out that in the contempt proceedings initiated at the instance of the respondents, the Central Administrative Tribunal has directed to comply with the order, failing which the concerned Officer is to appear before the Tribunal.

3. Learned Counsel for the respondents submits that the apprehension is misplaced and so far no such coercive measures have been taken in the contempt case.

Post on 19/06/2024 at 2.30 p.m. Sd/-

V.G. Arun Judge Sd/-

C.Pratheep Kumar Judge dpk 22-05-2024 /True Copy/ Assistant Registrar