IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:12.11.2009 CORAM: THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HON'BLE MR.JUSTICE R.SUDHAKAR W.P.NO.7530 of 2006 AND WMP.NOs.12847 and 8271 of 2006 Neyveli Lignite Corporation Workers Union D-13, Mahatma Gandhi Salai, Block No.24, Neyeli Cuddalore District, rep. by its Honorary President Mr.M.Sekar ...Petitioner Vs. 1. The Government of India rep. by its Secretary, Ministry of Coal Mines and Minerals, Shastri Bhawan, New Delhi. 2. M/s Neyveli Lignite Corporation rep. by its Chairman-cum-Managing Director, Neyveli. 3. The Comptroller & Auditor General of India 10, Bahadur Shah Zafar Marg, New Delhi 110 002. R3 impleaded suo motu as per order dated 8.10.2009 by SJMJ & NKKJ in W.P.No.7530 OF 2006 ...Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the first respondent to take appropriate legal action against all the persons who are responsible for the loss caused to Neyveli Lignite Corporation as found in the audit report for the year 1998-99 to https://hcservices.ecourts.gov.in/hcservices/ 2002-03 and to recover the loss sustained by the Neyveli Lignite Corporation Ltd., by considering the representation made by the petitioner dated 25-01-2006. For Petitioner : Mr.M.Devaraj For Respondent No.1 : Mr.J.Ravindran For Respondent No.2 : Mr.N.A.K.Sarma O R D E R (Order of the Court was made by S.J.MUKHOPADHAYA,J) The writ petition, in public interest, was preferred by the respondents for a direction to the respondents to recover the loss sustained by the Neyveli Lignite Corporation Ltd., for the year 1998-99 to 2002-03 2. This Court, by order dated 8.10.2009, directed the third respondent, viz., the Comptroller & Auditor General of India to file an affidavit and state as to whether the Office of Comptroller & Auditor General of India found any irregularity or loss of the second respondent for the year 1998-99 to 2002-03 or of any subsequent period. 3. In pursuance of the same, an affidavit has been filed on behalf of the third respondent wherein the following statement has been made: "4. The writ petition has been filed based on a draft comprehensive appraisal containing the preliminary audit observations issued by the office of the Comptroller and Auditor General of India to Neyveli Lignite Corporation in June, 2004 for eliciting the response of Neyveli Lignite Corporation. Pursuant to these objections, Neyveli Lignite Corporation filed replies which were considered and after verification of facts and figures sustainable audit observations were included in the final report of Comptroller and Auditor General of India viz., (1) Performance of Bucket Wheel Excavators (Report No.8 of 2006) (2) Performance of Thermal Power Stations (Report No.9 of 2007) The Audit findings noticed during the period 1998-99 to 2002-03 is filed as a report and it is prayed that this https://hcservices.ecourts.gov.in/hcservices/ Hon'ble Court may be pleaded to treat the report as part and parcel of this affidavit. 5. I state that this report was sent to the Comptroller and Auditor General of India at New Delhi for consideration and these reports have been tabled in Parliament on 19.5.2006 and 15.5.2007 respectively". 4. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has no grievance, as the matter has been sent for consideration and the reports have been placed before the Parliament. 5. In the facts and circumstances of the case, as the matter has already been placed before the Parliament, no further order requires to be passed by this Court in this writ petition. 6. The writ petition stands disposed of. However, there shall be no order as to costs. Consequently, WMP.NOs.12847 and 8271 of 2006 are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar VJY To 1. The Secretary to Govt., Ministry of Coal Mines and Minerals, Shastri Bhawan, New Delhi. 2. The Chairman-cum-Managing Director Neyveli Lignite Corporation Neyveli. https://hcservices.ecourts.gov.in/hcservices/ 3. The Comptroller & Auditor General of India 10, Bahadur Shah Zafar Marg, New Delhi 110 002. + 1 cc to Mr.J.Ravindran, Advocate, SR 60856/09 + 1 cc to Mr.N.A.K.Sarma, Advocate, SR 60927/09 + 1 cc to Mr.M.Devaraj. Advocate SR 60774/09 W.P.NO.7530 of 2006 WMP.NOs.12847 & 8271/06 RSI (CO) RH (26.11.09) https://hcservices.ecourts.gov.in/hcservices/