Madras High Court
P.Chandran vs The Acting General Manager (Gs) on 15 June, 2022
Order dated : 15.06.2022
Writ Petition Nos.4747 and 15464 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Writ Petition Nos.4747 & 15464 of 2014
and
M.P.Nos.1 & 1 of 2014
W.P.No.4747 of 2014
P.Chandran ... Petitioner
Vs.
1.The Acting General Manager (GS),
Air India Limited,
Southern Region,
Meenambakkam,
Chennai - 600 027.
2.The Deputy General Manager (GS),
Air India Limited,
Southern Region,
Meenambakkam,
Chennai - 600 027.
3.N.Kuppusamy
4.N.Sundaresan ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents 1 and 2 to
furnish the Tamil Translation Copy of the Enquiry Proceedings and Enquiry
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Order dated : 15.06.2022
Writ Petition Nos.4747 and 15464 of 2014
Report submitted by the third respondent based on the charge sheet dated
17.08.2012 to the petitioner and also directing the respondents 1 and 2 to give
opportunity to the petitioner to enquire one Mr.K.Ramalingam, the complainant
and other witnesses in the enquiry proceedings conducted by the third
respondent and till such time not to pass any final orders based on the show
cause notice dated 27.01.2014 issued by the second respondent.
W.P.No.15464 of 2014
P.Chandran ... Petitioner
Vs.
1.The General Manager (Commercial),
Air India Limited,
Southern Region,
Meenambakkam,
Chennai - 600 027.
2.The Acting General Manager (GS),
Air India Limited,
Southern Region,
Meenambakkam,
Chennai - 600 027.
3.The Deputy General Manager (GS),
Air India Limited,
Southern Region,
Meenambakkam,
Chennai - 600 027.
4.N.Kuppusamy
5.N.Sundaresan ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
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Order dated : 15.06.2022
Writ Petition Nos.4747 and 15464 of 2014
praying to issue a Writ of Certiorarified Mandamus calling for the records
relevant to the order in Ref.No.MAA/GM(GH)DISC/521116/559 dated
03.06.2014 passed by the first respondent and quash the same as illegal,
improper, unreasonable against the rule of law and natural justice and thereby,
direct the first respondent to reinstate the petitioner into his service with effect
from 03.06.2014 and pay all back wages to the petitoner.
For Petitioner : Mr.B.Gopalakrishnan
[in both petitions] for Mr.A.Rajesh Kanna
For Respondents : Mr.K.Srinivasa Murthy
[in both petitions]
*****
COMMON ORDER
These writ petitions have been filed challenging the order passed by the
Air India Limited.
2. Learned counsel appearing for the respondents made a submission that
the Government of India has disinvested 100% share holding of the Government
in Air India Limited. M/s.Talace Pvt. Ltd. was declared as successful bidder to
buy 100% share holding held by the Government of India in Air India Limited.
Accordingly, on 27.01.2022, the Government of India transferred 100% shares
held by it in Air India Limited to M/s.Talace Pvt. Ltd. and its nominees. Thus,
Air India Limited ceased to be a Government Company and is now a Private
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Order dated : 15.06.2022
Writ Petition Nos.4747 and 15464 of 2014
Limited Company. Therefore, Air India Limited is not a State within the
meaning of Article 12 of the Constitution of India.
3. In view of the developments occurred during the pendency of these
writ petitions, learned counsel appearing for the respondents relied on the
judgment of this Court in the case of P.Subban v. Hindustan Teleprinters Ltd.
[2003 (3) LLN 1078].
4. In view of the fact that the Government of India ceased to be a share
holder, the Air India Limited is ceased to be a State under Article 12 of the
Constitution of India. Thus, no writ is entertainable. The petitioner is at liberty
to approach the competent forum for redressal of his grievances in the manner
known to law. In the event of any such approach, the period during which these
writ petitions are pending before this Court is to be taken into consideration for
the purpose of condoning the delay and the issues are to be decided on merits
and in accordance with law.
Accordingly, these writ petitions are disposed of. No costs. Consequently,
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Order dated : 15.06.2022
Writ Petition Nos.4747 and 15464 of 2014
connected miscellaneous petitions are closed.
15.06.2022
Index : Yes
Speaking order
gm
S.M.SUBRAMANIAM., J
https://www.mhc.tn.gov.in/judis
Order dated : 15.06.2022
Writ Petition Nos.4747 and 15464 of 2014
gm
Writ Petition Nos.4747 and 15464 of 2014
15.06.2022
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